Workers Comp Compensation

Compensation for a workers' compensation injury claim can include any payments an injured worker receives from their employer's workers compensation plan. For instance, compensation can include permanent partial disability payments, which are offered to claimants who are not totally disabled but who have new work restrictions which may limit the type of work they perform and the amount of money they can earn.

Compensation can also include temporary total disability payments, which are offered to workers who are totally disabled or injured for a specific period of time and are not able to work. It can also include medical expenses from the worker's injury. Medical benefits can be ongoing until the injured worker reaches what is considered their maximum medical improvement. In a broader sense, compensation may also refer to benefits such as vocational rehabilitation and death benefits.

Insurance companies may offer lump sum settlements which are paid up-front to injured workers. If you accept a lump sum payment you will forfeit your right to future compensation. If a lump sum payment is not offered the employer will simply make workers' compensation payments over a specified period of time.

Should I accept compensation settlement?

One of the most common questions is whether an injured worker should take the settlement offered by the insurance company. Due to the complexity of workers' compensation law and the variations in state law, this question should only be decided after reviewing certain factors such as:

1. Whether the settlement is high enough to justify giving up your future benefits.
2. Whether you prefer the guaranteed benefit of a settlement or whether you might win more through additional negotiations or litigation.
3. Whether your state allows a settlement for medical benefits.