If my injury is permanent, am I entitled to a workers’ comp settlement?

You may be entitled to a worker’s comp settlement, but it may not always be in your best interests to take one. Instead, you may wish to qualify for workers’ comp benefits and to remain eligible for ongoing payment of your medical bills and disability benefits.

When you are injured in any manner arising as a direct result of your work duties, your employer is probably going to be liable for workers’ comp benefits. This is true even if you weren’t physically at a “job site” when the injury happened, i.e. – if you’d been sent out on a required errand or made to attend a company gathering. It is also true even if your employer wasn’t negligent and you were, as long as you weren’t drunk or doing something you clearly shouldn’t have been doing (based on company policy).

When you are hurt at work, you must notify your employer and make a claim with the workers’ comp insurer. If your claim is accepted, you can begin receiving ongoing benefits. These benefits include payment of medical bills and payment of lost wages if you are unable to work. If you become permanently unable to work, you may also be entitled to either partial or total disability benefits.

If you opt to “settle” your workers comp claim instead of receiving these ongoing benefits, then you are essentially agreeing to take a lump sum of cash and to release the employer and insurer from any of the future obligations they would otherwise have to you. This may be done if they are disputing your claim entirely or if you don’t want to go through a long appeals process, but before you opt to settle your claim, you should talk to a lawyer. An attorney can let you know what benefits you might be giving up by settling and can help you to assess whether a settlement offer is fair and in your best interests.

Exploring Workers’ Compensation Settlements: Case Studies

Case Study 1: John’s Permanent Injury

John, an assembly line worker, suffered a severe back injury while lifting heavy machinery at his workplace. The injury left him permanently disabled and unable to return to his previous job. John wonders if he is entitled to a workers’ comp settlement.

Case Study 2: Sarah’s Workplace Accident

Sarah, a delivery driver, was involved in a car accident while making a work-related delivery. She sustained injuries that required extensive medical treatment and prevented her from working for several months. Sarah is curious about her options for workers’ compensation benefits and potential settlement.

Case Study 3: Mark’s Disputed Claim

Mark, a construction worker, injured his hand while operating machinery at a construction site. However, his employer disputes the severity of the injury and denies his workers’ comp claim. Mark is considering settling the claim to avoid a lengthy appeals process but wants to understand the consequences.

Case Study 4: Lisa’s Ongoing Benefits

Lisa, an office worker, developed a chronic condition due to repetitive strain at her workplace. She has been receiving ongoing workers’ compensation benefits to cover her medical expenses and lost wages. However, her employer proposes a settlement. Lisa seeks guidance on whether she should accept the settlement or continue receiving ongoing benefits.

Case Study 5: James’ Return to Work

James, a factory worker, suffered a serious leg injury that required surgery and a long rehabilitation period. After recovering, his employer offers him a modified position that accommodates his injury. James wonders how this will affect his workers’ compensation benefits and if a settlement would be more beneficial in his situation.