Getting A Settlement In A Worker's Compensation

When pursuing a worker's compensation case, there are a couple of different ways the case could play out. You should be expecting the worst and hoping for the best, since not every worker's comp case is as cut and dry as the victims think it is. Worst case scenario is that you walk away with nothing but a lot of medical and legal bills. Best case scenario you get a lump sump settlement payment, more information can be found here about that. The following focuses on how a worker's compensation settlement is worked out.

Settlement Facts

There is a very high probability that if your case is settled outside of court, you will get a chunk of what you are asking for. An astounding 95% of all cases are settled before trials and hearings, meaning that only if your employer/company refuses to give you any satisfaction will you have to go before a judge. That said, be prepared to hear and/or entertain offers from your employer or the company you were working for. If they offer nothing or counter with nothing, then your scheduled hearing in court goes on as intended.

When You Are Offered a Settlement

Initial offers from the other side of your case may try to low-ball you. They do not want to pay for everything you have requested. Your lawyer will tell you what is fair and reasonable, and what type of compromise is acceptable. Have a ballpark figure in your mind before you begin negotiating for a settlement. High-ball them, so that they have to come up to the number in your head. Your lawyer will handle the communications until everyone hits the "magic number." Then take that settlement.

Contingencies in Different States

Obviously, the worker's compensation laws and the way these things play out are slightly different in other states. When you primarily live in New York, for example, but you were away working in Texas, you may need to abide by Texas rules. That includes finding a worker's compensation lawyer in that state rather than in the state where you normally reside. Your settlement in these states may vary from what you would receive in your home state too, so be sure to discuss this with your lawyer.

Were you injured while working?      

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