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What is the Process for Negotiating a Settlement in a Workers’ Compensation Case?

If you and your lawyer agree that it is advisable for you to accept a lump sum settlement in your workers’ compensation case, your lawyer can review the settlement offer, negotiate to increase the amount, and then petition the court to approve the settlement.

Most cases that reach the lawsuit phase result in settlements, not in trials. Settlements play a slightly different role in workers’ compensation cases. At root, a workers’ compensation case is an insurance claim; even when the case goes to court, it is usually so a judge can rule on a matter related to the insurance claim. The decision to settle a workers’ compensation claim or keep it open is not always as simple as it sounds. For help negotiating for an adequate settlement for your workers’ compensation claim, contact an Omaha workers’ compensation lawyer.

What Does it Mean When a Workers’ Compensation Case Settles?

When you get injured at work and file a workers’ compensation claim, your case stays open for as long as you continue needing medical treatment and other benefits because of your work injury. A turning point is when you reach maximum medical improvement, which is either a full recovery or a point at which additional treatment will not bring you to a greater level of functionality than where you currently are. Once you have reached maximum medical improvement, the workers’ comp insurance company can estimate how much more money the treatment and other benefits will cost for the rest of your life. They will offer you a lump sum settlement for this amount so they can close your claim and not have to worry about you asking for more expensive treatment or more cash benefits.

The problem is that, as with settlement offers from car insurance companies after an accident, workers’ comp insurance tends to be stingy with lump sum settlements. They hope that you see a big number and assume that it is as much money as you could ever possibly need. In fact, you should not accept the settlement offer until you go over the math with a workers’ comp lawyer.

Contact Andres Law Offices, PC LLO, About Workers’ Compensation Settlements

An Omaha workers’ compensation lawyer can help you settle your workers’ compensation claim for a fair amount. Contact Andres Law Offices, PC LLO in Omaha, Nebraska, about your case.