Multiple factors determine how much an injured worker receives from a workers compensation benefits claim. Most of these factors involve what happened to the worker as a result of the accident–severity of injury, whether body parts sustained complex injuries and if the impairment is permanent. In most cases, an employer and their insurance company will evaluate medical care costs and wage loss benefits to settle on an amount paid out at some point in the future. A settlement’s value may also increase if the injured employee proves they will need additional and/or ongoing treatments.
When injuries suffered at work result in a permanent impairment but the employee is not totally disabled, they may qualify for permanent partial disability (PPD) benefits. Some employers may propose settlements of permanent partial disability by offering a specific dollar amount equal to the amount an employee likely receives from their PPD award under their workers compensation claim. Be aware that you must give up something for this benefit, such as arguing whether you are totally and permanently disabled. That’s why it vital to getting the most out of your case by hiring a workers compensation attorney specializing in this type of litigation.
Settlements are guaranteed benefits. If you do not take a settlement offer and the case is appealed, a judge could rule in favor of the employer. Alternately, you could appeal a settlement offer and win substantially more than what was offered in the settlement.
Also consider you may have to relinquish your right to ongoing medical treatments. If your doctor has told you surgery may be needed or that you will have to take expensive medications to treat your injury, it may not be in your best interest to accept a settlement offer.
Before proceeding with your workers compensation claim, call the Decker Law Office today to make a consultation appointment with a workers compensation attorney. We may be able to help your workers compensation Mexico claim case as well.