Workers Compensation Settlements
Workers compensation settlements come about when the worker, the employer or sometimes even both wish to look at settling a claim once and for all. If done correctly this can benefit both and will be a win win all around.
However, because of the long-term implications of a settlement for the injured party, usually the employee in this case, it is vitally important to know and understand the process and what you are undertaking. A workers compensation settlement is forever, not just for Christmas.
Most people make the huge mistake of not being able to understand this, and are swayed by the amounts of money offered to them. But that is because they are thinking of today, and the value of the money being offered in today’s terms.
There are some basic steps that the worker must have completed and been through as a minimum before even entertaining the idea of a settlement for their injuries.
1. Report Your Workers Compensation Injury
This is basic and simple, but so many people forget to do this until later. Big mistake. Because you will be asked why you did not report it on the spot.
2. Fill out an injury report form
Fill this out as soon as possible after the event. If you are not in a position to, for whatever reason, then get someone else to write down exactly what happened. The longer you wait the more your memory of the event will dissipate. This is a fact. Include as much detail of the incident as you can. You can never have too much detail so record every single thing about the accident and more. Give names of all who witnessed it, all who saw you before and after it. None of this can do any harm. Take photographic evidence of the area and anything else relevant.
Remember this is just about you being judicious, professional and organized. This will be of great help later if you have to seek further professional help to deal with your claim, if for some reason your employer is being awkward or if you claim starts to get complicated.
It can sometimes be many months down the line before you get to a workmen’s compensation settlement; so all these details need to be recorded. Believe it or not, most employers really like it if you do this, as they are as eager to get this settled in a fair and just way as you are.
3. See Your Own Doctor
You may have the opportunity to see the company doctor, so yes of course always do this. But then it would be advisable to see your own doctor. It is always good to get a second opinion. But there is also another reason for doing this.
There is a reasonable chance that your doctor will have dealt with previous workers compensation injuries, and will have a lot of good information and advice to give you, that the company doctor will not be able to. They may even have some information on workers compensation law in connection with your injury that they can impart.
If you have had to go straight to the hospital then see your own doctor as soon as you can. To receive and compensation for a workers compensation fun you will need as much documented medical records as is possible.
Do not make the mistake of thinking you know best. YOU DO NOT! FACT.
4. Take Orders
Follow each and every instruction that you are given by the hospital or your doctors. If you do not, you may be risking part or your entire claim. If you are taking time off work, only take this time at your doctor’s suggestion. Never decide yourself that you cannot go into work. Get your doctor to agree to any absence. This will have an impact on your workers compensation for lost wages.
Finally it is important to note that if you settle your case, most of the time, the insurance company will require a full compromise and release. What this means is that both parts of the injured employee’s workers’ compensation benefits – the wage loss portion and the medical benefits – will be gone, and will be gone forever.
This is why it is so important to really understand what you are doing. If you are in any doubt, then get help. Get professional qualified help from a specialist workers compensation attorney or lawyer.
