Settling a Workers’ Compensation Claim in Jacksonville
It is not uncommon for injured workers to settle a workers’ compensation claim. Many employees decide to settle a case because they want to be in control of their medical treatment and not worry about dealing with their employer’s insurance company. However, it is important to note that once a claim has been settled, you may not be able to amend your damage award. This means that victims have to make sure that their settlement offer is worth at least the same as the total amount of compensation owed to them. To learn more about settling a workers’ compensation claim in Jacksonville, schedule a consultation today.
What is a Workers’ Compensation Settlement?
Settlements are an alternative option for parties involved in an ongoing civil suit. As opposed to a trial, a settlement could be negotiated between the plaintiff and the defendant. This option is enticing for parties who do not wish to engage in a long legal battle and would like the matter to be over with quickly. A workers’ compensation settlement typically involves three kinds of benefits:
- Medical payments
- Lost wages
- Disability benefits
A settlement will encompass all employee benefits and take them all into consideration. If it is a workers’ compensation benefit, then it will be rolled into the settlement. If it is an employment benefit such as retirement, it varies case by case. An attorney will be able to take a look at everything and let the injured person know specifically about their case.
Who is Involved in a Settlement?
Those involved in the settlement are the injured person’s attorney, their employer’s insurance company who will provide an adjuster, and their employer’s insurance attorney. These parties will confer and mediate in order to try to reach a settlement that is beneficial to all parties. They would then bring the settlement offer to the Industrial Commission to get it approved. If approved, then they will write what is called a clincher and the injured person will receive their check.
Things to Consider Before Entering into a Jacksonville Settlement
An employee should consider settlement as a part of their recovery whenever they have a kind of injury that is not going to get better and they are not going to be able go back to the same form of employment. It may be more beneficial to an injured worker to settle their case because they want to be in sole control of their medical treatment.
Importance of Hiring an Attorney
Injured workers who have been offered a settlement in response to their workers’ compensation claim should absolutely get in touch with an attorney in Jacksonville. An experienced attorney is likely to have a relationship with insurance adjusters and the attorneys who represent them, making it a good idea to work with someone who is already family with the workers’ comp claims process. In addition, a lawyer could verify whether a settlement if worthy of acceptance or if a case should be taken all the way to trial. To begin discussing the facts of your case, be sure to retain the services of a trusted legal advocate familiar with settling a workers’ compensation claim in Jacksonville.