In worker’s compensation cases, settlements are one way of getting income benefits and medical treatment for an injured person. This process involves projecting a person’s medical expenses and income benefits to calculate an amount that appropriately reflects the full value of their case.
To get fair compensation for your job injury, it is best to work with an experienced attorney. The legal team at Smith Hulsey is skilled at negotiating worker’s compensation settlements in Winder, so let us advise you through every step of the process.
Settlement negotiations typically involve the injured worker and their attorney, as well as the insurance carrier or their legal counsel. An attorney plays a crucial role in calculating the value of various benefits that are covered by the worker’s compensation settlement. These include future medical treatments, income benefits, and permanent partial disability (PPD) or temporary total disability (TTD) benefits.
An injured employee’s lawyer is responsible for negotiating the highest offer for their client. The employer, insurance company, and their legal counsel have adverse interests, namely minimizing their own costs. As such, it is important for an injured Winder worker to have their own dedicated attorney to advocate on their behalf during the settlement negotiation process.
A worker’s comp disability rating is a percentage that reflects the capacity of a body part compared to its pre-injury state. This number can be used to calculate the disability benefits that a person is entitled to. A skilled attorney could calculate these benefits on behalf of an injured Winder worker and ensure that this amount is included in their settlement.
Typically, the defense attorney for the employer or their insurance company will begin the negotiating process by drafting settlement documents. The injured worker and their local attorney will then review the documents to ensure that they are favorable before anyone signs anything.
Throughout the life of a worker’s compensation claim, the values of the case can go up and down. Accordingly, an injured employee will want to resolve their case when the value is at its highest.
A good strategy is to pursue a settlement once the claimant has a solid idea of all the medical treatment they are going to need. For example, a person could maximize their worker’s comp claim by settling prior to having surgery, receiving payment for that treatment, but then having the procedure covered under their private health insurance.
Alternatively, a claimant could wait to settle until after they have received all the necessary medical treatment and feel capable of returning to work. Once the worker has reached maximum medical improvement, they know the exact costs to calculate into a worker’s comp settlement. A skilled lawyer at our Winder office could further advise an injured worker on the best time to settle their case.
It is important to remember that once a worker’s compensation case is settled, there will no longer be any disability benefits or medical treatment payments. Often, workers are asked to resign from their employment once a case is settled. As such, any injured worker who is considering a settlement should discuss their case with an experienced attorney first to ensure that it is the right move in their circumstances.
When done at a strategic time, resolving a worker’s compensation case through a settlement can be a beneficial move. However, it is always recommended that you discuss your options with a seasoned attorney. A lawyer at Smith Hulsey could represent you in any negotiation talks and help you better understand worker’s compensation settlements in Winder. Call us today to get started.
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