How is a workers’ comp claim settled?
About 95% of all workers’ comp claims are resolved through a settlement. In other words, about one claim in twenty actually goes to “trial” at the State Board of Workers’ Compensation. This does not mean that you have to settle. If you ever hear anyone guarantee a favorable settlement, then whoever makes such a guarantee is likely to recommend too low a settlement, which is not in your best interest. Agreements for settlement are usually for a lump sum dollar amount. The injured worker, or claimant, gets a lump-sum dollar amount all at one time, which is attractive if you, the claimant, will be able to recover and get back to some kind of suitable work. Also, workers’ comp cases sometimes settle for a lump sum payment plus a period of “open medical care” to assist the injured worker to ease back into the work force. Again, all settlements are voluntary. No one can force you or the employer or the insurance company to agree to a settlement. I have no hesitation in stating that you shoul
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