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How to Evaluate Settlement for Workers’ Comp Claims in Brockton, MA
February 24, 2021
Evaluation of a settlement agreement for a workers’ comp claim in Brockton, MA can become a complex process. Several workers suffer from occupational diseases or workplace injuries. Work-related injuries lead to financial burden, insecurity of losing one’s job as well as stress, anxiety, and pain. If you suffer from a work-related injury or occupational disease, the question arises whether you should accept the settlement of a lump sum amount in a worker’s compensation claim or not.
Usually, when the person who suffered an injury, recovers from the medical condition, the insurance provider for worker’s compensation provides a settlement option. To evaluate if the settlement option is best for you, it is always beneficial to consult a professional attorney.
Workers’ Comp Claim in Brockton, MA; Understanding MMI in a Legal & Medical Perspective
Workers’ comp claims in Brockton, MA protect the rights of injured workers whose injuries occur at the workplace while performing job duties. According to estimates, in 2019 preventable work-related injuries numbered 4,572 whereas medically consulted injuries numbered 4.64 million.
Maximum medical improvement is associated with that point in the recovery process where the patient receives maximum reasonable and essential treatment for the medical condition caused by injury. This is also known as MMI. It is commonly used in medical and legal aspects. In other words, it means you have received the complete treatment and you are as better as you can get.
When the patient reaches the MMI stage, the doctors determine whether the patient will be able to return to work, or will the patient need modifications according to a health condition. It also determines whether the patient will not be able to resume work due to a complete disability.
If a person returns to work with modifications and restrictions, the workers’ compensation claim provides the benefit of vocational retraining to ease the transformation for the employee.
Implications of Lump Sum Settlement
Settlement is linked with the amount of a weekly disability payment portion of the claim that is provided by the employer’s workers’ compensation insurance carrier to the injured employee upon mutual agreement. The condition of lump-sum settlement is that the amount and terms must be agreed upon by both parties involved.
This means the employee will waive off all the rights to any future disability payments due to the current injury in an exchange for one-time compensation for the work-related injury.
The settlement agreement cannot be attained forcefully. It ensures the best interest of both parties with a mutual understanding of the situation.
Key Factors to Consider in a Settlement Offer
The following factors are substantial while evaluating your settlement offer:
- Does your settlement include benefits for permanent loss function?
- If you have suffered from a complete disability, do you have other underlying medical conditions that could be life-threatening to you and limit your future weekly benefits?
- Have you reached your maximum medical improvement point? It is advisable not to take a settlement before reaching MMI
- In case you have suffered from a severe injury for instance permanent disability, would you like to inherit your settlement funds after your death? It is vital to know that your current spouse is not eligible to attain your settlements on your behalf after your death unless your death was resulted completely or partially due to a workplace injury or disease
- Do you think the amount that is being offered by the insurance company truly represents the future weekly benefits after the application and deduction of net present value?
- Will your settlement for workers’ compensation claim affect other benefits?
- If your right to benefits is challenged legally by the insurance provider of workers’ compensations, do you think the settlement is reasonable? You need to consider the skill set of the other party’s attorney, and the medical report provided by the doctor
Get in Touch
There are several other factors involved while deciding the right settlement according to your workers’ comp claim in Brockton, MA. Usually, claims for increased benefits are filed by the injured worker to increase the value of future benefits from the insurance provider.
Legal guidance and consultation help from building the case to negotiating for settlements with the workers’ compensation insurance company. Insurance companies have experienced attorneys to represent their cases. Similarly, it is recommended to people who suffer from work-related injuries to hire a professionally skilled attorney. Our team has earned years of experience and recognition in protecting our client’s best interest. We ensure that you receive the claim you deserve while we defend your rights.
If you or your loved ones have suffered from an unfortunate work-related injury, get in touch with us. Our personal injury lawyer will guide you through the process of attaining a maximum claim.