Do Workers’ Compensation Cases Settle before going to Trial?

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Most workers’ compensation cases settle at some point during the litigation process. Now, there are some cases where the work injuries resolve and there are no settlements because the injury has completely healed. While in other cases, the effects from the injury continue to linger and at some point the injured worker, the work comp insurer, or both, decides to reach a settlement.

There are many types of settlements that I have discussed in prior posts, but an injured worker should always try and keep in mind the potential risks and rewards by settling their workers’ compensation case.  A few things to keep in mind include as follows:

  • Does this settlement compensate me adequately based on the claim and defenses in the case?
  • Does this settlement leave future claims open, such as medical expenses, wage loss, or permanent partial disability?
  • If I don’t settle what type of benefits would I possibly be getting?
If any injured worker is contemplating settlement, it would be in their best interest to contact a lawyer so as to assess whether settlement would be in their best interest. With many of my clients, settlement is not only based on their workers’ compensation case, but other extrinsic factors, such as family commitments, financial concerns, and a desire to move on from the workers’ compensation system. In my experience most workers’ compensation cases settle, however, at times the case needs to be tried before a compensation judge to determine entitlement to benefits.
If you would like to discuss a workers’ compensation settlement, please feel free to contact the Law Office of Thomas Mottaz and one of our lawyers would be happy to discuss the merits of your case with you.