WHEN DOES WORKERS COMP OFFER A SETTLEMENT
Workers' compensation is a type of payment designed to help workers recover lost wages, cover medical expenses, manage disability, and address other costs that arise from job-related injuries.
Many workers' comp (or workman's comp) cases often conclude with a settlement. However, understanding when does workers comp offer a settlement depends on various critical factors.
I’m John Bruscato, an experienced workers' comp attorney based in Monroe, LA. In this article, I’ll break down why some cases result in a settlement offer while others don’t.
Factors influencing whether a settlement is offered can include the severity of the injury, the extent of medical treatment needed, whether the worker is partially or fully disabled, and the overall impact on the worker's ability to return to their job. Insurance companies also assess their own potential liability and costs when deciding to propose a settlement.
If you’re an injured worker wondering whether your claim is eligible for a fair settlement offer, contact Bruscato Law today to discuss your case and explore your legal options.
How Long Does a Workers Comp Settlement Take in Monroe, LA
Workers' comp cases can be similar to personal injury cases in that the more severe the injury, the greater the likelihood of a settlement. For instance, if you have a permanent or total disability, you are often guaranteed to receive compensation.
Even in cases without a permanent disability, most workers' comp claims still conclude with a settlement. This often means the insurance company provides either a lump-sum payment or weekly benefits to the injured worker for a specific period following the injury.
If you’re an injured worker wondering whether your claim is eligible for a fair settlement offer, or how long the process may take, contact Bruscato Law today to discuss your case and explore your legal options.
Workers' comp benefits may be used to cover:
Medical bills
Past and future medical care
Disability expenses
How Do Workers Comp Settlements Work
Before you consider how large of a payout you could receive from your work injury, it’s crucial to first follow all the necessary steps in the claims-filing process.
Understanding how do workers comp settlements work is essential to navigating your claim effectively. Like any legal case, you need to gather solid evidence, present a strong case, and prove that your injury was job-related. Doing so significantly increases your chances of having your claim approved and receiving a settlement offer from the insurance company.
How the Claims-Filing Process Works in Louisiana:
Report the Accident — You must report the accident, injury, or illness to your employer within 30 days of it happening or when you discover it. Once you notify your employer, they will file a claim on your behalf with their workers' comp insurance provider.
Seek Medical Treatment — Obtain medical attention as soon as possible and follow the doctor’s orders. Be honest about what occurred, and avoid exaggerating the severity of your injury.
Contact an Attorney — Workers' compensation law can be complex, and an experienced attorney can help you defend your case and advocate for your rights to fair compensation. I recommend scheduling a free consultation to discuss the specifics of your workers' comp claim.
An experienced Monroe, LA persona injury lawyer can guide you through each step of the claims process, handling most of the work, such as dealing with claims adjusters, organizing evidence, and presenting a strong argument on your behalf.
If you have a legitimate workplace injury claim, you will likely receive a settlement offer from the insurance company. However, there are some exceptions that may exclude you from receiving workers' compensation:
The employee intentionally injured themselves
The injury occurred while the employee was under the influence of drugs or alcohol
Now that you have a better understanding of how workers comp settlements work, let’s explore the different types of settlement agreements available.
Workers' Comp Settlement Options in Louisiana
According to Louisiana state law §1271, both parties have the right to settle or compromise, making settlements entirely voluntary. This means that neither the injured employee nor the insurance company can be forced into an agreement.
Types of Workers' Comp Settlements in Louisiana
In Louisiana, workers' compensation settlements can take different forms. Here are the main types:
Lump-Sum Settlement Agreement — As the name suggests, this type of settlement is a one-time payment from your employer or their insurance company. Lump-sum settlements typically occur when there is no major dispute regarding the validity of the claim.
Compromise Settlement Agreement — This is the most common type of settlement and involves resolving a disagreement between the injured employee and the insurance company over the compensation amount.
While lump-sum and compromise settlements are the most prevalent, there are a few additional types to consider:
Structured Settlement — In this arrangement, the injured employee receives payments over a set period, which can span months or years.
Combination Settlement — A blend of a lump-sum and compromise settlement, where part of the claim is acknowledged and compensated while the rest remains contested.
Partial Settlement — In this type, certain aspects of the claim are settled, while others remain unresolved.
Factors Influencing the Value of Your Settlement
Several key factors determine the value of a workers' compensation settlement, such as:
The severity of your injury and related medical expenses
Your ability to return to work
The quality and quantity of supporting evidence
Each of these factors can lead to complex negotiations with the insurance company. This is where having a skilled workers' comp attorney can make a significant difference, ensuring you receive a fair settlement.
Do All Workers' Compensation Cases Go to Trial?
In my experience, only a small percentage of workers' compensation cases end up in court. When a case does go to trial, it’s typically because the insurance company did not offer a settlement or an agreement could not be reached. In these instances, the next step is a hearing before a judge.
During a trial, both parties present evidence to support their positions, and the judge makes the final ruling on whether the injured worker is entitled to compensation.
When to Accept or Decline a Settlement Offer
Before accepting any settlement, it’s crucial to consult with an attorney. Once you agree to a settlement, you cannot renegotiate or seek additional compensation. Ensuring that the offer fully covers your injury-related expenses is essential.
If you choose to reject a settlement, your claim could go before an appeals board or to court, which comes with risks. The judge might rule in favor of the employer, potentially leaving you with little to no compensation.
While accepting a settlement provides certainty and a defined amount of benefits, litigation can be more unpredictable. An experienced workers' comp attorney can guide you in weighing your options and considering factors like wage loss, medical expenses, and future care needs to determine the most suitable course of action.
Need Legal Advice? A Workers' Comp Lawyer in Monroe, LA Can Help
Not every workers' compensation case ends in a settlement, but many of them do. The workers' compensation attorneys at Bruscato Law Offices can help you receive a fair settlement from your work-related injury.
Workers' compensation law is complex, and there is no need to go through the process alone. We are available to discuss every detail of your case, including potential medical benefits, disability benefits, medical costs, legal proceedings, and more.
And remember: we do not get paid unless you win — and scheduling an initial consultation is FREE.
Contact Bruscato Law Firm today and speak to a workers' compensation lawyer by calling us toll-free at 318-855-1613 or visiting us online.