When an individual suffers a work-related injury or illness, they often have more than one legal option for obtaining their medical and wage benefits from their employer’s workers’ compensation insurance provider. For many workers, the most appropriate solution is to have the provider cover medical treatment and to receive weekly disability checks. However, in some cases, it is better for the worker to receive their benefits in a lump sum settlement. If you have been physically harmed on the job, an experienced workers’ comp attorney from Schlack & Bassmaji can help you understand workers’ compensation settlements in Waukegan. If you speak Spanish, we can also work with you in your language.
A settlement in a workers’ compensation claim may include payment to resolve multiple aspects of the claim, including medical bills, loss of the use of a part of the body, disfigurement, and wage loss. While obtaining a lump sum for the claim provides a faster resolution, there are certain risks associated with settling. For one, the claimant cannot go back and ask for more money later if the injury requires additional medical treatment that was not obvious initially, or if it continues to impact the claimant’s ability to work.
Some workers choose a settlement if they have reached maximum medical improvement and are able to reliably calculate the future medical expenses they need. If the injured worker is able to return to the job they held before the injury, a settlement can also calculate how much money is necessary to replace the wages they missed due to the injury. Other workers might decide to settle the claim if they have a poor prognosis and do not wish to deal with the case any longer.
A workers’ compensation settlement in Waukegan usually begins when the claimant’s attorney files an application for adjustment of claim with the state workers’ compensation commission. This satisfies the statute of limitations for the claim and gets the case assigned to an arbitrator. This also generally opens the negotiation process with the insurance company who services the employer’s workers’ compensation policy.
When the insurance company offers a settlement that the claimant agrees to, the agreement must be approved by the arbitrator before it becomes official. If the insurance company fails to engage the claimant in a settlement agreement, then a trial may be held and the arbitrator will determine how much compensation is owed to the worker.
While a settlement can be beneficial in certain circumstances for the injured worker, insurance companies often offer settlements in order to limit their losses. An experienced lawyer may help protect the rights of the injured worker by properly valuing their claim and ensuring that the settlement offer covers past, current, and future medical expenses and wage impacts.
Negotiating a settlement for a workers’ compensation claim can be complex, as it often requires the claimant to estimate what their future expenses will be. Our personal injury law team can help you understand your legal options after you have suffered a workplace injury or illness, and may be able to help you secure a fair workers’ compensation settlement in Waukegan. Contact us for a free case evaluation.
