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Workers Compensation Settlement

A workers compensation settlement determines the provisions of a workers compensation claim with regards to benefit awards. Each local, state, and federal jurisdiction have there own rules that determine the types of settlements that may be available and what these entail. A workers compensation settlement will provide the terms of how and what benefits will be paid out.

Receive Compensation Through a Workers Compensation Settlement

Workers compensation laws were created in order to protect both employees and employers in the event of injuries, disability, and death that arise out of and in the course of a workers employment. These laws provide a "no fault" context in which employees can receive compensation for their injuries without the need for exhaustive and costly legal disputes. Most workers compensation claims are handled in this manner without the need for dispute or litigation.

Workers compensation insurance must be purchased by an employer and is usually obtained from a private insurance company that has clearly established rules that define the benefits injured employees are eligible to receive. As a general rule, there are six types of workers compensation benefits that an employee can receive through a legitimate workers compensation claim. These include:

  • medical care
  • temporary disability
  • permanent disability
  • vocational rehabilitation
  • supplemental job displacement
  • death benefits

In more serious cases of disability and death, a workers compensation settlement can involve some degree of dispute and litigation. This means that a workers compensation settlement must be negotiated through mediations with the relevant department of workers compensation appeals board or some other referee. The help of a legal professional is vital in these cases to ensure that your interests are protected and maximized through negotiations of a workers compensation settlement. Most times, a workers compensation settlement is settled out of court and a disposition is reached without extensive third party intervention.

Types of Workers Compensation Settlements

There are a few different types of workers compensation settlements that might determine the benefits that will be awarded in the event of employment-related death or disability. A stipulated workers compensation settlement is usually desirable when an employee is still employed by the same company. In this type of workers compensation settlement the case can be re-opened for a certain period of time and changes can be made to benefits requirements. A "compromise and release" or "full and final" workers compensation settlement involves compromise and once decided upon cannot be modified even if a victims condition worsens or changes. There is also the option of a structured workers compensation settlement which is similar to the compromise and release and is usually reserved for bigger cases.

In most cases benefits are distributed to a victim over a specified period of time. Only in rare circumstances will a lump sum payment be awarded in a workers compensation settlement. The help of a workers compensation attorney can be a victims best advocate in the workers compensation settlement process.

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