Do All Workers’ Compensation Cases End in a Settlement?
Not all workers’ compensation cases end in a settlement, and you might hope to avoid having to reach a settlement if possible.
Receiving workers’ compensation benefits may be as simple as having your employer filing a claim. However, if there is a dispute related to your workers’ compensation claim, your lawyer may negotiate a settlement on your behalf so that you can receive compensation. In other cases, a judge or mediator’s decision may be the resolution to your claim.
There Are Two Different Types of Workers’ Compensation Settlements
The Louisiana Workforce Commission (LWC) explains that there are two types of settlements that may come from a workers’ compensation claim. They are a lump-sum settlement and a compromise settlement.
A lump-sum settlement may be paid at a single time in a lump sum. This might occur once the insurance company and your attorney agree to a fair amount of compensation for you.
The means of reaching a compromise settlement, sometimes known as a compromise and release (C&R) settlement, may be similar. Once you agree to settle, your benefits may be paid in installments over time rather than in a lump sum.
You might only need to worry about securing a settlement if some aspect of your workers’ compensation claim is contested. You can discuss the type of settlement you aim to receive if a dispute arises with your legal team.
Disputes that Could Lead to a Settlement
Your workers’ compensation claim may result in you receiving benefits without any issues. You may report your injury. Your employer may file a workers’ compensation claim with their insurer. The insurance company may agree to pay for your medical costs and the appropriate portion of your lost income.
However, if your employer or their insurance company may dispute your claim. Your workers’ compensation claim might get disputed because:
- Your employer or their insurance company dispute that your injury is work-related
- Your employer or their insurer alleges that your injury occurred because you were intoxicated or engaged in some outside activity
- Your employer or their insurer alleges that certain types of medical care you received are not necessary
- There is a material dispute about the way that your accident occurred
- The insurance company claims you are owed less compensation than you claim
In the case of a dispute, your lawyer may seek a settlement. However, not all workers’ compensation cases end in a settlement. The resolution to your claim may come through some sort of judgment, which could be issued by a judge or mediator. If any of the above disputes arise, your lawyer may refer to evidence to support your claim, such as:
- Video evidence
- Photographic evidence
- Witness accounts
- Medical records
- Pay records
Your lawyer may argue your account of events and seek compensation based on established practices for workers’ compensation claims.
Workers’ Compensation Benefits that You Should Be Entitled To
Per Louisiana Revised Statutes (RS) §23:1221, you might be entitled to collect approximately two-thirds of your income as workers’ compensation for your injuries. You might also be entitled to coverage for all medical treatment that has resulted from your injury.
You might need to receive the following medical procedures because of your injury:
- Diagnostic tests and scans
- Emergency care
- Surgeries
- Illness-specific treatments
- Medication treatment, including antibiotics
- Rehabilitation to facilitate your recovery
You might also be eligible for coverage for transportation to medical appointments and other expenses tied in some way to your medical care.
Your Lawyer Can Handle Your Workers’ Compensation Claim from Start to Finish
You can hire a lawyer to handle your workers’ compensation claim while you recover from your injury. They can handle your claim from start to finish, including communications with insurance companies, your employer, and any other parties involved in your workers’ compensation claim.
The severity of your injury might affect the amount and duration of benefits that you seek. Your lawyer may familiarize themselves with your injury, understand your classification, and seek benefits based on that classification.
Call Laborde Earles Injury Lawyers Today
A workers’ compensation can be a complex, stress-inducing process. A lawyer might make the process of completing a workers’ compensation claim less trying for you and your loved ones. Call Laborde Earles Injury Lawyers today at (337) 777-7777 for more details about our services.
