Barriers To Settlement in Workers’ Compensation Cases
1. High future medical costs and no insurance to cover them.
A primary consideration in deciding whether or not to accept the settlement of your Workers’ Compensation claim involves your projected future medical costs. If it is likely that you will need surgery, expensive medications, or other medical care following the date of your settlement it may not make sense to finalize your case. This is because almost all Workers’ Compensation settlements involve a complete buy-out for both lost wages and future medical expenses. Once your case is settled, the insurance carrier is no longer liable for future medical expenses.
No insurance company that will offer “full value” on future medical expenses. This means that the settlement offer is usually, if not always, a compromise figure. The bottom line is that if there are extensive medical needs, the settlement amount will likely not cover them.
Tags: best case scenario, compensation carrier, compensation settlements, insurance carrier, workers compensation claimFive Things to Know If You Have to Appear in Court With Workers Compensation
The ugly truth about some workers compensation claims is, they end up having to be settled in court. The process is expensive. It’s long. It’s stressful,and it’s still no absolute guarantee that you’re going to win your workers compensation case. If you’ve decided that going to trial is what you need to do, know that there are irreversible risks involved, and know that it’s not going to be pleasant or fun, for anyone. Here are some things to think about and remember if you have to show up to court regarding your workers compensation insurance claim case.
Both side’s attorneys are going to do everything they can to put the best faces of their clients forward to the judge. This means that you’re going to be fair game- meaning you’re probably going to get bashed and your character is going to come into question in front of a lot of people. In fact, a lot of insurance agencies will take video tape surveillance of you when you don’t know it, going about your daily life during a claim. They will show this video in court, putting your private life in front of everyone for scrutiny. This can be emotionally damaging. Make sure you’re able to handle this kind of situation professionally. Each side is going to take this case seriously.
Tags: absolute guarantee, compensation case, ugly truth, workers compensation claims, workers compensation insuranceWorkers Compensation for the Employer – What to Do in the Event of an Accident
No matter how many precautions you take, no matter how much you implement the best safety program you possibly can, accidents are inevitable and a reality for all businesses that require some amount of physical risk to be taken by the employee. In the events after an accident, there are a lot of things you can do to speed up the claim and investigation process to make it easier on everyone involved. Here are some simple things you can do to help expedite the process and help your employee recover and return to work faster.
First of all, never try to dissuade your employee from filing a claim. It’s true; some employers attempt to bully or frighten their employees into not making a claim. Resist the temptation to do this. This would put you in a very vulnerable position at a later date should an employee decide to take legal action against you outside of the parameters of workers compensation insurance claim. Never do this it’s just not worth the risk.
Tags: investigation process, natural instinct, physical risk, vulnerable position, workers compensation insurance