When filing a workers’ compensation claim, you may be presented with the opportunity to settle your case early on while still being able to obtain compensation for your damages. With the help of a skilled attorney, you may able to negotiate your settlement that would guarantee that all your damages would be covered.
To learn more about workers’ compensation settlements in North Charleston, schedule a consultation today.
What is a Settlement and Who is Involved?
A settlement takes place when the two opposing sides of a workers’ compensation claim come together and agree on a compromise to end the case. The two most important aspects of a settlement agreement is how much the victim is going to be compensated and what their future medical care is going to look like.
There may also be discussions about the employer wanting the injured worker to voluntarily separate from their employment. They may even agree that there will be no further lawsuits against them or the company. In return, the victim will be awarded compensation for their damages. It is important that injured workers speak with an attorney before deciding to agree to a settlement. Settlements can be life-changing, and the victim must be absolutely clear on the terms of the settlement and that they are not agreeing to something that is not fair or does not benefit them.
What are the Roles of the Parties Involved in a Workers’ Comp Claim?
The main parties involved in the case is the plaintiff, the defense, and the insurance company. The plaintiff is considered as the person who is bringing forth the claim. In other words, they are the victim themselves. The defense, on the other hand, is the person or entity the claim is being brought against. In a workers’ compensation claim, the defense would be the employer.
The role of the insurance company is to cover their policyholder in the event of an accident. In a workers’ comp claim, the policy holder would be the employer, and the insurance company would do everything they can to avoid paying out any amount that would inconvenience them or the insurance company.
When Should an Employee Consider Settling a Workers’ Comp Claim?
One of the main reasons why injured workers typically settle their claim is because when a claim makes it all the way to trial, there is no certainty that the case will end in their favor. At trial, the claimant could either win or lose their case. As a result, it is a major gamble to have a claim tried in a courtroom since there is a possibility of the claimant not being able to recover anything. Therefore, victims will decide to settle case to ensure that they receive some form of compensation for their injuries.
What are Some Things That Should Be Included in a Settlement?
The major expense that should be included in a settlement is future medical expenses. In a circumstance where the injuries are so severe that they require extensive medical treatment, it is imperative that the victim ensures that they will be able to pay for their treatment with the compensation they get from their settlement. The worst situation a person could find themselves in is being responsible for future medical care, especially when the treatment they need is expensive.
Speak with a Legal Professional Today
Settling a workers’ compensation claim has its own benefits. Just the same, it does has its disadvantages as well. While it may be enticing to end a claim prematurely while still recouping the damages owed to you, you should still consider speaking with an attorney before negotiating or accepting any settlement offers.
For more insight regarding workers’ compensation settlements in North Charleston, call today.