Can You Force a Settlement in Workers Comp Cases?
In workers’ compensation cases, there is no way to force a settlement. You cannot even move a party to “talk.” An insurance company cannot force the injured worker to settle, and the injured person cannot force the insurance company.
By comparison, in a car accident or personal injury lawsuit, the parties either settle the case or go to trial. At trial, a jury determines who wins and the amount to be paid to the injured person – if they win. Whether by agreement or trial - there is ONE SHOT. There is no weekly wage loss compensation and no payment of medical bills as treatment takes place. It is all factored into the final figure. Our law firm is dedicated to prompt results and maximum value.
How Long Does Workers Compensation Last?
In workers’ compensation cases, the injured person can receive weekly wage loss benefits for as long as they are “disabled,” and medical bills are paid on an ongoing basis as the treatment occurs. In theory, these payments can last for life. However, there are numerous tactics and petitions an insurance company can use to stop or reduce payment of wage loss benefits and medical bills.
How to Avoid Risk
Both sides have risks. The insurance company risks not paying benefits for a long time, and the claimant risks having their benefits cut off. The parties often discuss a settlement to avoid these risks, but it cannot be forced.
Insurance carriers have trained claims representatives, case managers, and lawyers. They can sense when a claimant or their lawyer is pushing too hard for settlement and may intentionally stall the process to investigate why. They will want to know:
• Has the claimant returned to work or had a job offer? • Is the claimant disabled or facing a more serious medical condition other than the work injury? • Does the claimant have financial issues that require ‘quick’ cash?
An insurance company will use the injured workers’ circumstances AGAINST them, whether by stalling, low-balling, or even litigating a petition to stop paying benefits – rather than good-faith negotiations. Insurance companies are NOT “Your Friendly Neighbor”; they are NOT “On Your Side,” and you most definitely are NOT “In Good Hands,” as their slogans say. They are in business to make money – not to pay it out.
Workers Compensation Lawyers Fight for Your Rights
Our skilled Workers’ Compensation lawyers will carefully persuade the insurance company to negotiate without appearing desperate or provoking them to fight instead of settling. Unfortunately for the injured worker, this can seem like a game. Fortunately, the Certified Work Injury Specialist Lawyers at Schmidt, Kirifides, Rassias & Rio have decades of experience fighting for the rights of injured workers and obtaining the maximum settlements possible. For a FREE no-obligation consultation, contact us today!