In most cases, if you are injured on the job, you will not have to go to court to get the workers’ compensation benefits you need to recover. The settlement process can be overwhelming, and you might be concerned with getting the medical expenses and lost income you need.
When you agree to accept a workers’ compensation settlement, you agree on how much the insurance company will pay you and for how long. While there are significant advantages to accepting a settlement, it is wise to consult a workers’ compensation lawyer before making any decision. To learn more about the process for workers’ compensation settlements in Fresno, contact our office to schedule a free and confidential consultation.
An injured worker in Fresno may be offered two main types of workers’ compensation settlements: compromise and release or stipulation and award. The main difference to consider is what the insurance company is obligated to pay for future medical expenses and needs.
With a compromise and release settlement, the injured employee is agreeing to usually close out the entire case in exchange for a lump sum payment. Unfortunately, this means that the company will not be responsible for any future medical care related to the injury, nor will the worker be able to reopen the case if their condition worsens. The advantage of this, though, is that the employee receives a larger payment upfront and will not have to deal with court proceedings. An attorney would recommend a compromise and release settlement for workers who will not need any additional treatment or if the payment is sufficient to cover their future medical needs.
On the other hand, with a stipulation and award settlement, future medical care is left open, and the worker is entitled to ongoing care if their doctor states that it is necessary. The worker will also agree to a permanent disability rating and the time period for temporary disability. The injured worker will receive biweekly payments instead of a lump sum payment. The main advantage of a stipulation and award settlement is that the insurance company will cover future medical needs, and if the injury or condition worsens within five years, the case may be reopened.
Unless a worker suffered a minor injury or illness, it is always recommended to consult an attorney before settling their claim. This is especially important for employees who are offered a compromise and release settlement, which forfeits their right to seek additional benefits or medical treatment after the claim is closed. An experienced lawyer can determine how much a claim is worth, review proposed settlement offers, and negotiate for a better offer. If you are considering a workers’ compensation settlement, contact an attorney in Fresno to discuss your options.
As you navigate the workers’ compensation process, you may have questions or concerns about your rights. A lawyer can help you decide if a workers’ compensation settlement in Fresno makes sense based on your injury and other relevant factors. Our office has years of experience reviewing settlement offers from insurance companies. We can tell when the adjuster is making an unfair offer.
Choosing the right attorney is an important decision, especially when you are injured at work. An experienced lawyer can assist you by building a case and giving you the best possible chance at the benefits you deserve. To schedule an initial consultation, call us today.
