Reaching a worker’s compensation settlement after returning to work is a common scenario, particularly if you can perform your job duties despite the injury but still require ongoing medical care. If you’re in this situation, it’s important to work with your workers’ compensation lawyer to negotiate a fair settlement with your employer’s insurance carrier.
These negotiations, which can cover unpaid benefits and future medical treatments, may take weeks or even months to conclude. The good news is that PLBH is here to help. Contact us at (800) 435-7542 for a free legal consultation.
The Scope of Workers’ Compensation Coverage
Workers’ compensation primarily covers wages lost due to a workplace injury that prevents you from working. Known as total disability benefits, these payments are typically equivalent to two-thirds of your pre-injury weekly wages, subject to a state-mandated limit. Additionally, your medical expenses are generally covered, though you might be responsible for some costs, like co-payments.
Components of a Workers’ Compensation Settlement
A comprehensive settlement includes provisions for outstanding medical bills, attorneys’ fees, future disability payments, and ongoing medical care. It can be structured as either a lump sum payment or a series of structured payouts over a period.
Lump Sum Settlements
Lump sum settlements, or compromise and release agreements, entail relinquishing future benefits for a one-time payment. This is often advisable if you’ve reached maximum medical improvement or suffer from a specific loss like permanent scarring or limb loss. Opting for a lump sum can also make sense if you’re already receiving regular workers’ compensation payments.
Structured Settlements
Structured settlements offer payments over time, which can be beneficial to avoid potential tax implications or to meet future financial needs.
Returning to Work and Settlement Eligibility
You don’t necessarily have to return to work to settle your workers’ compensation claim. However, if you are medically cleared to resume work, doing so might be a requirement for continuing to receive benefits. In some situations, your claim may remain open, especially if you have ongoing medical needs or have incurred out-of-pocket medical expenses.
Receiving Benefits After Returning to Work
You may continue to receive benefits if you return to light-duty work that pays less than your previous role. This is common if you’ve reached maximum medical improvement but aren’t fully healed, or if you have a permanent disability that prevents you from resuming your former job. In such cases, employers are expected to make reasonable accommodations or find you a suitable new role.
Protection Against Employer Retaliation
Legally, employers cannot retaliate against employees for filing a workers’ compensation claim. Retaliation can include wrongful termination, withholding of wages, or discrimination. If you face such challenges, legal actions like suing for increased compensation or job reinstatement may be necessary.
Initiating a Workers’ Compensation Claim
To initiate a claim, inform your employer within the required timeframe, after which the employer will notify their insurance company. The insurer will investigate your claim, which could lead to further medical consultations, depositions, or even claim denial that can be appealed through state courts.
The Importance of Prompt Medical Attention
Seek medical attention immediately following an injury. Delaying medical care can raise suspicions or worsen your condition, according to insurers. Maintain all medical records, document your injuries, and gather witness testimonies to support your claim.
Legal Representation
In navigating the complexities of workers’ compensation, legal representation becomes crucial. At PLBH, we have extensive experience in representing injured workers, ensuring the enforcement of their legal rights, and obtaining adequate compensation. Contact us at (800) 435-7542 for legal advice, particularly when considering a settlement for your workers’ compensation claim.