Workers’ compensation settlements are an effective method for quickly resolving a claim and obtaining benefits after an injury. However, the value of a settlement is unique to each injured worker’s case and the compensation they will need for their medical care or other financial concerns. Representation from an experienced workers’ comp lawyer at Werner, Hoffman, Greig & Garcia can help you evaluate the risks and benefits of a proposed settlement to make an informed decision.
To learn more about the case process, you can contact our Boca Raton office today to schedule a free consultation about a workers’ compensation settlement.
A workers’ compensation settlement is a written agreement between an employee and an employer to resolve an outstanding claim for benefits. In exchange for an employee’s waiver of benefits under the claim, the employer agrees to pay a lump-sum amount. Florida Statute § 440.20 permits these agreements subject to the approval of a workers’ compensation judge.
Employees and employers in Boca Raton can agree to a workers’ compensation settlement in several situations after an injured worker applies for benefits. The first opportunity to settle is after the employer files a written notice that denies the claim. The claim denial must occur within 120 days of the employer receiving notice of the injury. The judge overseeing the settlement must also find an acceptable controversy about the compensability of the claim. This could include a legal issue or a question about the medical evidence supporting the claim.
You can also enter into a workers’ compensation settlement at any time after attaining maximum medical improvement (MMI). Disputes over benefits can become an issue at this stage if an employee has a permanent disability or continued medical needs, such as prescription medication, physical therapy, or assistive care. Alternatively, injured workers with attorney representation can agree to a settlement at any time after initiating a claim.
Agreeing to a workers’ compensation settlement is a big decision that affects your potential right to benefits now and in the future. Settlements also allow you to access funds faster than waiting for a judge to approve your claim or receiving smaller periodic payments. Evaluating the overall terms of a settlement offer requires a careful consideration of your medical and financial needs after an injury.
Our Boca Raton lawyers use their years of experience in workers’ compensation claims to identify how the key issues in their client’s case will be addressed in any settlement.
There is no direct deadline to agree to a workers’ compensation settlement in Boca Raton. However, you must be mindful of the limited two-year period to file a petition for benefits under Florida Statute § 440.19.
No, a workers’ compensation settlement generally waives your right to pursue benefits for the underlying injury. Although, you could still have a claim for unrelated workplace incidents that result in a new injury.
Meet with a lawyer before agreeing to a workers’ compensation settlement to better understand the potential benefits and downsides to an offer. We can help you calculate your estimated financial needs and negotiate toward fair value in a settlement. Contact Werner, Hoffman, Greig & Garcia today to schedule a free initial consultation and we can protect you from being taken advantage of by the insurance company.
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