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What Do I Need To Know Before Settling My Worker's Comp Case?

Posted by James Aspell | Apr 29, 2023 | 0 Comments

If you've been injured on the job, you may be entitled to receive workers' compensation benefits. These benefits can help cover your medical expenses and lost wages, but settling your case can be a complex process. Before you settle, it's essential to understand the factors that can impact your settlement amount and how to negotiate with insurance companies to get the best possible outcome.

In this article, we will provide you with a comprehensive guide on what you need to know before settling your worker's compensation case. We will cover the legal framework, factors that can impact your settlement amount, negotiation tactics, and frequently asked questions.

The Legal Framework of Workers' Compensation

What is Workers' Compensation?

Workers' compensation is a system that provides benefits to employees who suffer work-related injuries or illnesses. The system is designed to provide injured workers with medical treatment, lost wages, and other benefits without the need for a lawsuit.

What are the Benefits of Workers' Compensation?

The benefits provided by workers' compensation vary from state to state but typically include:

  • Medical expenses: Workers' compensation covers medical expenses related to your work-related injury or illness. This includes doctor's visits, hospital stays, surgeries, and prescription medication.
  • Lost wages: If you are unable to work due to your work-related injury or illness, workers' compensation can provide you with lost wage benefits.
  • Disability benefits: If your work-related injury or illness results in a disability, workers' compensation may provide you with disability benefits.
  • Rehabilitation: Workers' compensation may cover the cost of rehabilitation services, such as physical therapy or vocational training, to help you return to work.

When Should I File for Workers' Compensation?

If you've been injured on the job, you should file for workers' compensation as soon as possible. Most states have a time limit for filing a claim, typically ranging from 30 to 90 days.

Can I Sue My Employer for a Work-Related Injury?

In most cases, you cannot sue your employer for a work-related injury. Workers' compensation is the exclusive remedy for work-related injuries, which means you cannot sue your employer for damages.

Factors That Can Impact Your Settlement Amount

The Severity of Your Injury

The severity of your injury is one of the most critical factors that can impact your settlement amount. Generally, the more severe your injury, the higher your settlement amount will be. This is because severe injuries can result in significant medical expenses and lost wages.

Your Medical Treatment

The medical treatment you receive for your work-related injury is another critical factor that can impact your settlement amount. If you require ongoing medical treatment, your settlement amount will likely be higher than if your injury only required a few doctor's visits.

Your Lost Wages

If your work-related injury resulted in you being unable to work, you may be entitled to lost wage benefits. The amount of lost wage benefits you receive can impact your settlement amount.

Your Age and Work Experience

Your age and work experience can also impact your settlement amount. If you're young and just starting your career, your settlement amount may be lower than if you're older and have many years of work experience.

Insurance Company Tactics

Insurance companies are in the business of making a profit, which means they may try to settle your case for less than it's worth. They may use tactics such as delaying the settlement process, offering a low settlement amount, or denying your claim altogether. It's essential to be aware of these tactics and know how to negotiate with insurance companies to get the best possible outcome.

Negotiating Your Settlement

Get a Lawyer

One of the best things you can do to ensure a fair settlement is to hire an experienced  workers' compensation lawyer.  At James F. Aspell, P.C., we have over 3 decades of Connecticut workers compensation law experience.  We have helped thousands of injured workers in CT and we can and will help you.  Call today for a free consultation on settling your Connecticut workers Comp case.

About the Author

James Aspell

Principal since August 1, 2006 James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut. Jim focuses his practice in the areas of worker's compensation and personal injury l...

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