What Do I Ask for in a Workers’ Comp Settlement?

Employees who suffer injuries while they are working at their jobs and while performing their job duties might be eligible to pursue workers’ compensation benefits. Some insurance companies might also offer an injured worker a lump sum settlement at the end of the case. Typically, the injured worker’s lawyer will make a settlement demand, the insurance company will make an offer, and negotiations will continue until the parties reach a full and final agreement. Several rounds of negotiations are usually necessary before the insurance company arrives at a settlement number that is worth accepting.

If you are interested in pursuing a workers’ compensation claim for benefits, a knowledgeable lawyer in your area can assist you during the process. Representing yourself in a California workers’ compensation case can be a mistake since your employer’s insurance company may take advantage of you and attempt to lowball any settlement offers that it puts on the table.

Your lawyer can field insurance company settlement offers on your behalf, negotiate with the adjuster, and help you pursue the maximum amount of compensation that is available to you for your work injuries.

When do Insurance Companies put Settlement Offers on the Table in California Workers’ Comp Cases?

In some California workers’ compensation cases, the employer’s insurance company will place a monetary settlement offer on the table at some point in the case. This typically occurs when the injured worker is no longer employed by the same company.

Before accepting a settlement offer, you want to make sure that it fully and fairly compensate you for all of your injuries, inconvenience, and other damages. When a California workers’ compensation attorney makes an initial settlement demand, he or she will usually make the demand several times the maximum amount of permanency benefits that a worker will likely receive.

When the employer’s insurance company makes an initial offer, it will usually be low. Therefore, the injured worker’s lawyer and the insurance company will typically go through several rounds of negotiations before the worker accepts an offer or the parties reach an impasse.

At other times, the insurance company will put a lump sum settlement offer on the table as an incentive for a worker to close out the workers’ compensation case in full. Before accepting one of these offers, the worker must make sure that he or she will not require any additional medical treatment in the future. This is because once the workers’ compensation case is closed out, it cannot be reopened at any time, and the worker (along with all of the attorneys who are involved in the case) will sign and file a settlement agreement to that effect.

A knowledgeable California workers’ compensation attorney can assist you with settlement offer negotiations. Once the insurance company puts a top and final offer on the table, your lawyer can help you decide whether or not to accept the pending settlement offer from the insurance company – or leave your workers’ compensation case open.