Workers' Comp Settlements: Everything You Need To Know

Workers’ compensation cases are each very unique. It’s hard to determine what each one is worth, the outcome, or if you should settle or not. They do all share similarities however, and we are here to help with your individual needs. In this video, I will cover some of the basic questions surrounding workers’ compensation cases, and what you should do with yours.

Each case is different. My goal as your lawyer is to guide you through the process. If you’re watching this and I am not your attorney, make sure your lawyer analyzes your particular case. You don’t want your case shoved off to a paralegal. We will compare a settlement amount to what the potential payout would be if we didn’t settle.

Statistically, cases do settle. Why? Because insurance companies operate under ‘The best file is a closed file’ mentality. It’s better for an insurance company to have a one time payment and close the case.

Your best defense is to hire a good lawyer that will analyze all possible angles of the case. Then they should provide a recommendation and what to expect. You may think your case is worth one thing but we can only allow what the law allows.

I’ll never tell a client whether to settle or not. I will look at hard facts and weigh the pros and cons to each decision. There are risks to both. I will make my professional recommendation and do what the client thinks is best for their well being.

So you’ve decided to settle, what happens now? At this point your lawyer will make a demand of a certain amount. Negotiations will begin and if both parties can agree, the settlement will proceed. If they cannot, it won’t settle. Settling is a voluntary thing and nobody has to agree to agree. In these types of circumstances a judge has absolutely no power.

What is important to me is to make sure my clients make informed decisions and never feel alone in this process. There may be a situation where even as a lawyer, I feel that a settlement amount is unfair, but for whatever reason the client chooses to settle. I will make sure that my client understands each step and always back them up one hundred percent.

It can actually benefit all parties to settle. It’s obviously a relief financially but it can also take away the stress of constantly having an open case. Sometimes a client finds that they have to go see doctors that are not of their choosing, recognize that they’re being followed, etc. With a settlement you get a check and you’re done. It’s honestly a win/win. The insurance company knows that once a case is settled, it’s done. Everyone can go home.

Another thing that can happen after settling is the feeling that the entire process was very personal. Say you receive x-amount, but you feel as though your injury and pain and suffering are worth much more. You would not be alone in that regard. The goal after settling is to move on with your life. Leave the case in the past. We can also help you move forward after the case is settled.

You might be asking if you can return to work, or will doing so hurt your claim. The answer is no, it doesn’t impact the ability to settle but it can definitely affect the value of your case.

That doesn’t mean ‘don’t work’. By all means, if you can work, go work. It’s better to have a steady source of income instead of relying on your settlement.

How do I know how much my case is worth? This is the million dollar question. The answer is ‘it depends on your needs but we absolutely cannot give you an estimate without seeing all of the facts of your case’ (and any lawyer who gives you a supposedly definite number during a consultation is lying). We never promise anything to our clients because cases like this, without all of the facts, are completely unique. No two cases are the same.

What factors are considered when determining the value of my case? I can tell you the insurance company pays about 40%-60% of what they think the exposure on your case is to them. Basically they calculate what you’re going to cost them in the long run. Every case includes the same benefits, medical and indemnity. It’s easy to come up with a number when you have medical records, a doctor citing how long an employee will be out of work, etc.

The good news is that as long as what we come up with is a fair number, we’ll be able to give you a range of what your workers’ compensation settlement might be.

It’s important to me to have clients become friends. I don’t want anyone to feel alone during this process. My clients are told that they have access to me (within reason), and not just my office staff.

If you’re in the process of navigating a workers’ compensation claim, make sure you reach out to an experienced lawyer. There are intricate details that need to be looked at to make sure you are compensated for your suffering. I have over 16 years of experience just in workers’ compensation cases alone.

[mattyTakaTayo]

Literally the best and most genuine video I've watched about this topic. Im currently off work with a cervical stenosis and bulging discs, probably facing surgery but navigating my way toward settlement. I just want to be free of this and live, love and learn.

All the Best Sir!

Cheers from Nova Scotia

[jayktf]

The best workers comp video I’ve seen in my 2 years of research as it relates to Florida.

[esperanzaserrano]

I love the inflammation, very thorough !! And specially his humbleness thank you 🙏 💕

[jerriwherry]

I appreciate how you were very informative and detailed-oriented with every explanation. You have clarified a great deal of information-thank you, thank you!

[mzgwcmf]

You are awesome. I have herniated disc's from an accident at work. My attorney is asleep at the wheel. He seems irritated when I call or ask him questions.

[jeriwall]

You are awesome at explaining and teaching! I wish you were in Indiana. Good luck and keep making videos like this!

[addonnisjoseph]

i was injured on the job didn't get paid or treatment for months. When I did start treatment I never got treatment for the injuries I sustained. I informed my attorney he refused to speak on it yet the doctors advised further treatment. The settlement is an insulet I wish I had you as an attorney at this moment

[MsTesoro]

Great explanation. Thank you so much 🙏♥️🌹

[luciaharo]

Wow i love the end of the video you're very humbled ❤❤🙏

[Thomas_Swift]

I'm in New York state and my advice is to never settle if you doctor says you need surgery. After some serious research your private health insurance will not pay for any surgery or treatment after you settle your worker's comp case work related injury/worker's comp insurance my attorney said that my private health insurance will pay for future treatment, false. Seek a second opinion, get all the facts, a few dollars is no insurance you are going to get treatment in the future. Get all the facts.

[wizzkid]

Great video and thorough explanation full points.

[emiliocastaneda]

👌🏻 very helpful information and very detail. Thank you for your information and time.😊

[claudiajones]

You have summed this up very well thank you very much

[michaelmercy]

Wow you really take your time to explain everything clearly that's really good. Thanks for the infos

[MsTesoro]

Love it .
Wish you were here in California. I need someone to walk with me from beginning to the end .
Specially in this hard times and confusing system and is overwhelmed
Will be happy to refer you 🙏
Thank you 🙏♥️

[samuelphillips]

Have a global settlement in process, we're at the demand stage--how do i get the pd ratings from all injuries to calculate a number already had a msa done by the defense & was blessed by cms, now comes the indemity part-How does this intell with the msa figure?Do my attorney get a fee of the msa? It states that all money in the msa has to be spent on injury only-how can this be if he take a fee? Have 4ea. injuries on different dates & surgery has been requested, but i want the surgery to be done under my msa account instead of workers comp due to many denials on treatments needed!

[speedygunn]

Thank you for your video I've settled and closed my case in December I have received my settlement check and was awarded future medical but neither my attorney nor my selected Dr has heard from the insurance company I honestly don't know what to do.

[jamierinehart]

Question..a bad back injury shooting random pain from work injury.going up porch step the back injury shot a pain causing a fall, brain damage and permanent head injuries.does back injury cover the fall costs?
Ty

[davidvasquez]

I had cervical spine fusion surgery C-5, C-6, C-7 plus Rotator Cuff surgery and re entry in same shoulde been off for 2 years now do to falling at work on to a palet was all seen on video was unconscious for about 10 to 12 seconds

[samuelphillips]

the workers comp adjuster has requested my lawyer to write a demand letter, Do i need to have a say so in how the injury happened & how it's affecting me now in the demand? Do i need to contact my lawyer & request a copy of the demand before it go out to the defense? can my lawyer sent it out without me reading the demand letter? The reason for all these questions is due to my lawyer has been keeping me in the dark about the case--so i had to make contact with the adjuster when i shouldn't, requested a face to face talk with him and was given a date 2 months down the line, Want to fire him, but we're to close to settling now & no other attorney want to take on my case & share fee's---what shall i do now?