When it comes time to decide whether an injured worker should settle their case or keep it open, it really comes down to whether the employee would rather continue receiving benefits through the workers compensation system or if they would rather receive a lump sum settlement from the Employer and their insurance carrier. There is no right or wrong answer to this question as settlement is completely voluntary. The Judge in a workers compensation does not have the authority to decide what an injured worker’s case is worth and can never force the employee or the Employer/Carrier to settle a case. Thus, settlement is an option that both parties have and can work towards at any point in the case.
An injured employee may wish to settle for many different reasons. For example, the employee may not be happy with the treatment that he or she is receiving from the workers compensation doctors assigned to their case. In this situation, settlement may be a good option because the employee can settle the case and then use the money from the settlement to receive treatment on their own with a doctor of their choice. Another reason why an injured worker may want to settle is if the injuries suffered in the accident have healed and there is no benefit in continuing to stay in the workers compensation system. Having an attorney is extremely important when negotiating a settlement as the attorney can make legal arguments in order to have the Employer/Carrier offer the highest settlement amount.
There are many other reasons why settlement may or may not be a good option for an injured worker. That is why it is important to hire a workers compensation attorney who handles these types of situations. If you were injured on the job or know of someone who was, have them give us a call at (844) 762-8155.