What Does It Mean To “Settle” A Workers’ Compensation Case?

Few things throw a wrench into your life quite the way becoming seriously injured at work can. Whether you’re the sole breadwinner for your household or you share that burden with someone else, the vast majority of workers aren’t in a position to simply go without income until they recover. Workers’ compensation can help make up for the loss of income, but at some point there’s a good chance that you’ll be asked to “settle” your case. Thus, it’s important to have an understanding of what it means to settle.

What It Means to “Settle”

If you are unable to work, upon approval, , you begin to receive periodic payments based on what you had been earning. The insurance company or employer would also likely cover your medical injury-related expenses. Don’t let the payments you’re receiving fool you though. Insurance companies are in the business of making money, not handing it out. If there’s a way to stop paying you for time off work, they will find it.. Settling the claim is one way to do that. It means that you’ll receive a lump sum of money and the claim will be closed. The insurance company or employer won’t have to pay for ongoing time off work or, depending on the settlement language, for ongoing medical expenses.

Immediate Consequences

The immediate consequences of settling are as previously stated: you receive a settlement check, your claim is closed, and that is the end of the money you’ll be receiving, unless the details of your settlement indicate otherwise. Under some circumstances, the insurance company may attempt to recover the money they spent on your benefits from third-parties that contributed to the accident. This is called subrogation and may impact the amount you retain from the settlements of those other claims. Even though settlements are often made after your doctors determine whether you are able to return to work, the settlement has little to no bearing on when or how you return to work. That is between you and your employer.

Long-Term Consequences

In the case of some injuries, you may experience flare-ups, or your condition may worsen to the extent that you require additional medical care. This is where the details of your settlement become a critical factor. You may be entitled to having additional medical expenses covered if they are due to your injury, but that isn’t always the case. Because of this, it is absolutely critical that you carefully consider what care you are likely to need in the future because of your injury and factor that into the settlement you feel you should be receiving.

Your Responsibility

At the end of the day, you need to make the best decision for yourself. That can be tough, when you consider all the details involved in navigating a workers’ compensation claim and the fact that the insurance company absolutely has a lawyer working on their behalf. Your responsibility is first and foremost to yourself and making sure you obtain the best outcome for yourself. You need to take into account what your medical expenses have been, are likely to be in the future, and the wages you’ve lost as a result of your injury. All of that should have a role to play in the settlement amount. It may be tempting to take the first settlement you are offered, but it may not be a fair offer. It’s best to consult an attorney before accepting any settlement, regardless of whether or not you had one up to this point. 

Finding a good attorney for your case can be a challenge, but worth the time you’ll invest to do so. A good attorney can help you figure out what medical expenses you could reasonably expect to encounter in the future. Based on that, and other pertinent information, they can argue on your behalf to reach a fair settlement that gets you the money you are entitled to. If you sue more than one entity and the workers’ compensation insurance company is entitled to some or all of their money back, your attorney can help you navigate that too. 

Keep in mind that if you want to get temporary or permanent disability for time off work in the future as a result of your injury, you’ll need to reopen your case with the insurance company. It’s a good idea to familiarize yourself with your state’s restrictions and time limits regarding the reopening of a case.

The Insurance Company’s Responsibility

The insurance company has the responsibility to pay out the settlement to you, subtracting whatever your lawyer is due and paying that to them directly. Their responsibilities beyond that are dictated by state laws and the wording of your settlement agreement. Some states require ongoing medical coverage for care received because of the injury, while others don’t. If your agreement stipulates it, you can be reimbursed for such expenses. It’s your responsibility to submit the bill, though, at which point it becomes the insurance company’s responsibility to reimburse you.

People don’t plan to get injured on the job, but it does happen. If you’re receiving workers’ compensation as a result of a work injury, you’ll likely be approached about settling your case at some point. Make sure you know what it means to settle your case, the consequences of doing so, and what each party’s responsibility is going forward. This will help you make the best decision for yourself about whether or not you should agree to settle.

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