cases where an injured worker with a serious injury fails to report his claim, thus giving the employer/insurer a means of denying the claim. In addition, it is critical to seek medical attention as soon as possible. Many times injured workers disregard injuries that appear to be minor, only to have the injury worsen over time. The sooner you see a physician following an injury, the better. What are the steps involved in the Workers’ Compensation settlement process? Settlement is a voluntary process where the claimant agrees to accept money from the employer/insurer in exchange for closure of a workers’ compensation case. Once a client is ready to settle his case, we prepare a settlement evaluation with them to determine how much to demand (request) from the employer/ insurer. If the employer/insurer offers an amount that the client finds acceptable, the settlement proposal is submitted to the Virginia Workers’ Compensation Commission for review and approval. Once approved, the client receives his settlement funds and the case closes. Which expenses do Workers’ Comp settlements cover? When settling a workers’ compensation case it is important to account for the closure of the claimant’s medical award, the loss of income replacement, and potential loss of use compensation. Will the claimant require surgery in the future? If so, then the cost of that surgery, as well as the aftercare, should be included in the settlement amount. If the claimant will continue to be disabled in the future, then either total or partial wage replacement should also be included in the settlement. Lastly, if a claimant has sustained a permanent injury, then a disability rating should be obtained which can be used to calculate loss of use compensation. What are the typical Workers’ Compensation settlement amounts? There is no typical workers’ compensation settlement. A worker who becomes paralyzed and confined to a wheelchair would likely be entitled to medical care and wage loss replacement for the rest of his life and could be entitled to a seven-figure payout. In contrast, a worker who sustains a minor finger injury and quickly returns to work could receive a de minimis settlement of less than $1000. Returning to Work After a Workers’ Compensation Claim. Fortunately, most injured workers can return to work. I run my practice with that goal in mind. I want to make sure that my clients’ medical needs are covered, and they are financially protected until they can return to earning income. If they are unable to do so, I want to make sure they are fully compensated for the fact that their body is not the way it was before the accident. What Happens if You Can’t Agree on a Workers’ Comp Settlement? Not every case can settle. Many employers/insurers refuse to settle cases where the injured worker is still employed with the preinjury employer. Some municipal employers do not settle cases as a rule. Still other cases do not settle simply because there is no meeting of the minds between the parties. If a case cannot be settled, my job is to make sure that my client continues to receive the full benefit of his or her lifetime medical award and is fully compensated for the time they are unable to work. Lastly, if their injury worsens over time I want to make sure that they receive additional compensation for the deterioration of their condition. 14 LAWYER MONTHLY AUGUST 2024 Not every case can settle. Many employers/ insurers refuse to settle cases where the injured worker is still employed with the preinjury employer.
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