If you currently have a workers’ compensation claim in progress, you might be thinking about settling out of court. The following information covers some of the basic information you may need to know if you’re seriously considering settling your case.
No Weekly Benefits
One of the first things that you’re going to want to be aware of, is that if you do settle your workers compensation case outside of court, you can kiss this weekly benefits goodbye. Settling outside of court usually implies one lump sum payment that doesn’t usually continue or spread out over a lengthy period of time.
Medical Payments Will Continue
Depending on the state in which you filed your workers compensation claim, your employees insurer may or may not continue to take care of your hefty medical bills. However, you should be aware that even in a state in which medical benefits are legally required to continue after out of court settlement, most insurers are usually reluctant to continue paying at all. You may quickly come to the realization that your medical bills are not being paid on time or at all! If this ends up being the case, we suggest filing a claim with your state’s workers’ compensation agency in order to force the insurer to continue paying your medical bills.
Approve Your Settlement
So you’ve finally decided to close your case out of court. What steps should you be taking? Once you and your attorney have agreed to settle your workers compensation case outside of court, that doesn’t guarantee…much of anything. Most state require that once having decided that you’re ready to settle, that you and the insurer submit your proposed settlement to the state’s workers’ compensation agency for approval. The state’s agency will then hold a small hearing, in which the hearings officer will review the proposed settlement with all involved. If the officer believes that you voluntarily agreed to the settlement, that you understand the terms, and that it’s also in your best interest, he or she will approve the settlement. However, if the judge or hearings officer truly believes that you’re being taken advantage of in the terms of the settlement, it will be declined.
If you or one of your loved ones are currently considering settling your workers compensation claim out side of court and need legal advice, don’t hesitate, call us! The attorney at the offices of Belal Hamidel Law are ready to make sure that you’re settlement protects your needs completely. Contact us at 888.503.2850