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Factors to Consider for Settling a Brockton Workers’ Comp Claim
February 24, 2021
When settling a Brockton workers’ comp claim, what should you consider? Most companies in Massachusetts must have workers’ compensation insurance. Some jobs like mining lead to more injuries. But even employees in office jobs may find themselves needing workers’ comp, for example, they may suffer from carpal tunnel syndrome or repetitive motion injuries.
When injuries do happen, many employees are not sure whether they should accept the compensation offered to them by their employer or ask for more. Sometimes, companies do not compensate you well enough for the losses you have incurred. They may not accommodate you once the compensation has been handed over.
The settlement of a Brockton workers’ comp claim should be managed by an attorney. A lawyer will represent your interests in your Massachutes workers’ comp claim. The employer will also take an attorney much more seriously.
When the worker is nearing completion to be classified as medically fit, the employer’s compensation insurer will contact the affected employee or their lawyer for the purpose of settling the claim. There are several things your lawyer needs to take into consideration when settling your Brockton workers’ comp claim.
Factors Affecting Brockton’s Workers’ Comp Claim:
Before the workers’ comp injury lawyer would make a claim for Brockton employees, there are a few factors both parties should be aware of.
Reaching MMI Stage:
What’s the first thing to know for sure if the injured worker is healthy to go back to work? They must reach the Maximum Medical Improvement stage so that they can make a better Brockton workers’ comp claim with all the incurred expenses during the medical treatment.
MMI (Maximum Medical Improvement) is a term usually used by legal or medical professionals. In simple words, the term describes a time where the patient took all the necessary medical treatment that has improved their medical condition. Basically, in this case, the medical professional has to approve that the injured employee is healthy and ready to join back at work.
Some of them are cleared, however, they still have restrictions in their work. They are then hired for vocational retraining services that are provided by Massachusetts’ workers’ compensation system.
It is needed to know if the insurance company is giving a reasonable amount that is near to the equivalency of the future weekly compensation. If it is, you would continue, after the net present value deduction, of course.
Know About the Employer’s Insurer:
Sometimes, it is difficult to receive the benefits of workers’ compensation. There could be a conflict with the employer’s insurer; which may further lead to litigation. You should know who is giving the verdict on your claim, and the strategy the insurer is deploying. It would help you to manage your compensation.
Whether to Take a Lump Sum Settlement
The lump-sum settlement is a settlement between the employer and the employee where the injured employee is given the settlement altogether in form of a single payment. They cannot ask for more compensation later, after agreeing to the lump sum settlement that has been offered. The settlement can only be made if both parties agree to it.
A workers’ comp lawyer must know whether you are a candidate for permanent and total disability benefits or if you have any other health issues that can affect your life expectancy. It may limit the amount of future weekly benefits that you would receive in your Brockton workers’ comp claim, otherwise.
If you have been entitled to receive permanent and total disability benefits, you can have a spouse who will inherit your remaining settlement funds upon your death. However, if you survive, your spouse cannot inherit those benefits.
You need to know if the settlement of your Brockton workers’ compensation claim would affect your other disability benefits, such as Social Security Disability or Long-Term Disability benefits.
Contact a Brockton Workers’ Compensation Lawyer Today
The aforementioned factors are just a collection that a personal injury lawyer must consider while evaluating a workers’ compensation settlement offer for an injured worker. To have a better settlement offer from the insurance company, the claims shall be filed accordingly so that the future benefit payments can be increased by the insurance company.
To have a reasonable settlement for a Brockton workers’ comp claim, you must hire an attorney with the right legal experience. The insurance company will also have their legal consultant for your case. Therefore, the injured worker should reach out to a legal consultant for a better negotiation in the settlement.