WHAT TYPES OF SETTLEMENT ARE AVAILABLE?

There are two ways to resolve a workers' compensation case. 

The first type of settlement is called an Award. The Award differs from other types of legal settlements in that the insurance company may continue to be responsible for lifetime medical care to cure or relieve from the effects of the industrial injury. Therefore, this form of settlement is favored by injured workers who will need a significant amount of future medical care, and are concerned as to who will be responsible for the medical bills. In addition, the injured worker is entitled to a monetary award for any permanent disability they may have. The monetary award is payable weekly over a period of time. The greater the degree of disability, the longer the payments continue. 

The second way to resolve a case is called a Compromise and Release. In this form of settlement, the injured worker receives a lump sum of money, but the case is over for good, and the injured worker is not entitled to any future medical care. There can only be a Compromise and Release if both the injured worker and the employer or insurance company agree to settle on a specified amount. If there is no agreement, then the injured worker is entitled to an award. In an award, the injured worker has the right to reopen the case for new and further disability within five years from the date of the award. 

An experienced workers' compensation attorney can advise an injured worker as to which form of settlement is appropriate under the circumstances. In the case of an Award, the attorney works to make certain that the injured workers' access to appropriate future medical treatment is preserved, as well as obtaining a monetary award. In the case of a Compromise and Release, the attorney negotiates the highest settlement amount possible.


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