What are my rights on the workers compensation settlement? - Injury Law Questions and Answers- LawQA.com

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What are my rights on the workers compensation settlement?

I received this email from the workers compensation insurance company and I think that the offer is a little low. What are my rights? Should I ask for more? As discussed previously your file still remains opens as you are entitled to lifetime medical coverage for your right wrist as long as deemed related to the initial work injury. I was wondering if you would like to settle your claim with us for $6,000.00. This payment would be broken down as $4,000 paid from the medical portion and $2,000 paid from the indemnity portion. If you agreed to settle, we would have our attorney provide you with the settlement document for your review and signature. At that point, the settlement paperwork would be submitted to the department of labor for final approval. Once approved, the payments would be issued to you and your file would be closed. You would not be able to seek future medical treatment under your claim. Please keep in mind that your file currently remains open and neither party has to settle unless both agreed.

Answer By Joseph Schramm

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If you feel that the offer is too little and that you would like to ask for more you are free to ask for whatever you think would be a fair amount of money. Bear in mind that, as the proposed settlement states, a specific amount of money will be designated as funds for the treatment of your injury and after that amount has been paid, either to you or the health care provider, the insurance carrier will no longer obligated to pay for the treatment and care of your injury.

Answer Applies to: Pennsylvania
Replied: 6/27/2014


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To accurately answer your question I need to know what type of injury, what type of treatment. If it is the type of injury that will, or likely will, require future treatment, then you would be silly to settle. If it is unlikely to require further care, then it may be okay. Typically, you are not entitled to money for pain and suffering in a workers compensation case; only medical payments for accident related treatment, and wage loss benefits while you are recuperating and incapable of working.

Answer Applies to: Michigan
Replied: 6/27/2014

Paul Whitfield and Associates P.A.
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Permanent injury to one small body part (wrist) will bring only a small recovery, based on the body part, the percent of disability, your average weekly wages. It will be so small you wont notice the difference. I would rather leave my file open in case I need medical care

Answer Applies to: North Carolina
Replied: 6/27/2014


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Deciding whether to settle a workers compensation claim can be very challenging. There is no way to reasonably respond to your question without having a lot more information.

Answer Applies to: Delaware
Replied: 6/27/2014

Answer By Erven Nelson

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You can always give them a counteroffer for more money. Be careful, though, since a settlement would end your rights to their paying for medical treatment. Get some advice from a good workers compensation lawyer in your area.

Answer Applies to: Nevada
Replied: 6/27/2014

Answer By Steve Lombardi
Lombardi Law Firm
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I will assume your case has jurisdiction in Iowa. If that is the case I would need to know more about the facts and medical opinions before being able to express and opinion about the value. Your opinion that the offer is "a little low" is not sufficient for me to assume you are right or wrong. If an insurance adjuster is offering you $6,000 your claim may actually be worth a lot more; it could be $6,000 more or $60,000 more. Without actually knowing the injury, your age, the disability, restrictions, permanent impairment ratings and whether or not you had surgery along with the outcome no lawyer can express a credible opinion. So without sitting down to interview you and to read the file there is no legitimate answer. Sort of like a plumber trying to fix a stopped up toilet over the phone. It can't be done.

Answer Applies to: Iowa
Replied: 6/27/2014

Answer By Merrick Domnitz
Domnitz & Skemp, SC
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Workers compensation permanent injuries are evaluated by comparing the percentage of disability against a schedule of payments. Often insurers will try to minimize the degree of permanency in order to hold down the payments. I urge you to contact a work compensation attorney who can guide you in determining if the disability rating is appropriate and the offer is fair under the schedule.

Answer Applies to: Wisconsin
Replied: 6/27/2014

Answer By John Medler

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The offer is probably way too low. Contact an experienced workers comp lawyer immediately.

Answer Applies to: Missouri
Replied: 6/26/2014

Answer By ARMAN MOHEBAN

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You have a right to be evaluated by a qualified medical examiner (QME). But you need to object to the reporting by your treating doctor which is most likely from the insurance company. So you need to retain an attorney to object to this report which finds no or little injury and request for a QME.

Answer Applies to: California
Replied: 6/26/2014

Answer By Edwin K. Niles

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You are well advised to get a lawyer specializing in WC. The fees are very modest, and you will get a better deal.

Answer Applies to: California
Replied: 6/26/2014

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