Similar to other kinds of legal claims, many workers’ compensation cases end without involving the courts through the parties reaching a settlement. Even if the case goes to trial, it is likely that either an employer or their insurer offers the employee a deal beforehand. These offers to the employee directly from an adjuster are almost ALWAYS low-ball offers.
However, when legitimate settlement discussions begin, whether a person should agree to a settlement requires considering multiple factors, including the likelihood of winning at trial, the timing of the deal, and the difference in value between the offer and what the claimant can stand to gain if they succeed in court. Learn whether you or a loved one should settle their workman’s comp case or proceed to trial, and explore the legal options available to those who have experienced a workplace injury; call (228) 215-2787 today to arrange a consultation with a seasoned Mississippi workers’ compensation attorney from Lott Law.
What Is Workers’ Compensation?
According to the Mississippi Workers’ Compensation Commission, workers’ compensation (or workers’ comp) refers to a mandatory, employer-funded no-fault insurance scheme that provides individuals injured at work with wage loss and medical benefits, as well as funeral expenses and death benefits to surviving spouses/dependents of workers who die in the workplace. This type of insurance covers all injuries, work-related fatalities, and occupational diseases/illnesses sustained during the course of employment, and eligible workers receive coverage immediately after commencing employment. While most workers are eligible, some exceptions exist, including volunteers, workers employed by employers with fewer than five employees, independent contractors, federal employees, farm and domestic laborers, and employees of charitable, cultural, and religious organizations.
How Do Workman’s Comp Claims Work?
Per the Mississippi Bar, the workers’ comp process begins with an eligible employee immediately notifying their employer (ideally no later than 30 days after the injury), who then creates an injury report and informs their insurer and the Mississippi Workers’ Compensation Commission. If there is no dispute, the employer or their insurer makes direct medical payments to the medical provider and wage loss payments directly to the injured party (or their legal representative) at least every two weeks until the benefits period ends, without charging the employee a deductible.
However, if there is a dispute, the employee can try to resolve it with the employer directly or an injured employee may hire an attorney to help them secure a settlement or take the claim to court. Importantly, an injured worker has two years to file a claim; otherwise, they lose their right to obtain any benefits. After a B31 form is filed by the employer, there is a strict one year limitation period to file for any additional benefits.
How Long Do Most Workers’ Comp Settlements Take?
The length of time needed to reach a settlement in a workers’ comp case depends on a multitude of factors. For very straightforward cases, this can take a matter of weeks, but many take much longer, resulting in settlements taking between a few months to several years to reach. The factors impacting how long it takes to settle these claims include the type of injury sustained, recovery time, scheduling delays, party response times, issues with seeking medical attention, and whether the injury requires ongoing treatment or surgery, results in a permanent disability, or leads to lengthy negotiations with the employer’s insurer.
Gain additional insight into whether someone should settle their workman’s comp case, and learn how Lott Law can assist with this type of claim. Contact our firm today to discuss your legal requirements with an experienced Mississippi workers’ compensation attorney.
What Are the Benefits and Drawbacks of Settling a Workers’ Comp Case?
Deciding whether to settle a workers’ comp claim or take the matter to court requires a careful balancing act of the advantages and disadvantages, as well as considering an individual’s specific circumstances. The benefits and drawbacks of settling a workers’ comp case include the following:
- Reduced risk: Reaching a settlement results in obtaining an agreed-upon amount of compensation. While going to trial may potentially lead to a more favorable outcome, there is also the risk of getting less than in a settlement offer or nothing at all.
- Quicker outcome: Opting to settle can often be quicker than pursuing litigation, making it an ideal choice for those who want a speedy resolution.
- Low offers: Due to being aware of individuals’ preference to avoid the risk of going to court, an insurer may initially provide very low offers, hoping the worker will accept due to impatience or fear. To obtain a fair settlement, it is necessary to have an awareness of what these offers entail and effective negotiation skills when dealing with adjusters, which is where an experienced attorney can help.
- Future claims: Settling typically means a worker surrenders the ability to request additional compensation/benefits in the future for an injury related to that settlement. If the worker incurs significant medical expenses concerning the same injury at a later date, they will have to fund these themselves, making it vital that a settlement accounts for this situation.
Tips for Reaching a Favorable Workers’ Comp Settlement
Alongside notifying an employer of the workplace injury as soon as possible, and ensuring they inform the Mississippi Workers’ Compensation Commission of the incident, injured workers can take other steps to improve their chances of reaching a favorable workers’ comp settlement. Below is an overview of these tips.
Seek Immediate Medical Treatment
An injured worker may want to ask a doctor to review their injuries immediately. This is due to a few reasons: first, an employer may have a policy in place requiring this, and second, the employer’s insurer could use a delay in seeking medical attention as a reason to argue that the injury is not work-related or as severe as the worker claimed.
Understand Impairment Ratings
Workplace injuries may lead to an impairment that stops a person from working, which can fall into several categories ranging from an impairment preventing total or partial work for a specific period to a lasting impairment preventing the individual from permanently performing either part of or all of their duties. Workers who suffer an impairment of this kind receive an impairment rating from their doctor based on the injury’s severity, and depending on the rating, this can impact the available disability benefits. Because of this, workers require a detailed understanding of these designations in case they wish to challenge their assigned rating.
Keep Thorough Records
Finally, be sure to keep records of all injury costs as well as how the workplace injury has impacted daily life. The recommended approach is to make copies of (and securely store) receipts, bills, photos/videos of the injury and accident scene, medical and accident reports, and thorough notes of the entire claims process.
Discuss Your Queries With an Experienced Mississippi Workers’ Compensation Attorney Today
Deciding whether to settle a workers’ comp case depends on the specifics of the claim and personal circumstances, such as a person’s future medical requirements, current financial affairs, and whether they are comfortable with the demands of litigation. For instance, if a claimant may require future surgery or another significant type of medical intervention, reaching a settlement may not be ideal since they would have to fund this themselves, but if they want to avoid going to trial or urgently require the funds, settling could be more appropriate. Find out whether an individual should settle their workman’s comp case, and discover how a knowledgeable Mississippi workers’ compensation lawyer can help those who have sustained an injury in the workplace; call Lott Law today at (228) 215-2787 to set up a confidential consultation.
