Most businesses have workers’ compensation insurance, protecting employees in the event they are injured on the job. After an accident, you’ll be responsible for filing a report. And depending on the circumstances, you may want to take a workers’ compensation settlement as compensation for the injury.
But are these settlements always worth it? And how can you tell?
The Quick Answer: Talk to a Lawyer
If you’re looking for a quick, concise answer, it’s this: talk to a personal injury attorney as soon as possible after the injury. Sometimes, it’s worth taking the workers’ comp settlement right away. Sometimes, it’s worth trying to negotiate for more. Sometimes, a long legal battle is practically necessary to get the compensation you deserve, which means you’ll need to reject the initial settlement offer.
Every case is unique, and there are many variables and contingencies to keep in mind. That’s why it’s important to talk to a trained professional who can help you navigate this complicated space and eventually make the best decision for your situation. You don’t have to do this alone, nor should you.
Most personal injury lawyers are willing to give you a free initial consultation, so there’s no risk in reaching out.
The Basics of Workers’ Comp
In case you’re not familiar with it, workers’ compensation is a form of insurance designed to protect employees. Your employer is responsible for paying regular premiums to keep the policy active. If and when an employee or contractor is injured in the line of work, workers’ compensation kicks in, and you’ll be able to be compensated for expenses and losses like:
- Medical treatment
- Ongoing care
- Lost wages
- Disability benefits
- Funeral costs
Do keep in mind that there are some exceptions to this; for example, you may not be able to make a workers’ comp claim if you’re injured during your commute to or from work, or if you’ve intentionally injured yourself.
Initially, you’ll receive an offer for an agreement settlement. If you accept, you’ll waive your right to take legal action against your employer, the case will be finalized, and you can move on with your life. Sometimes, this is the right move, but sometimes, it isn’t.
When Is a Workers’ Comp Settlement Not Worth Accepting?
These are just some of the scenarios in which it may not be worth accepting the workers’ comp settlement.
- A low or incomplete offer. Unfortunately, insurance companies don’t work in our best interests. Instead, they’re motivated by profit, so they’re incentivized to give you the lowest offer possible. If you feel like their offer is low or incomplete, it may be worth negotiating for more or taking legal action to get the compensation you deserve.
- Uncertainty about the future. You may also choose to reject an initial settlement offer because of uncertainty about the future. If you feel like your injuries or illness are going to get worse, or if you’re not sure how much care you’re going to need, it may not make sense to accept restrictive terms.
- Liability/negligence concerns. In most cases, accepting a workers’ comp settlement offer means you’ll be waiving your right to sue your employer. If you were injured as a result of someone else’s negligence, or because your workplace environment was unsafe, it may be worth rejecting the workers’ comp settlement so you can take legal action.
What to Do After a Workplace Injury
If you’ve been injured in the workplace, these are the most important steps to follow:
- Get help. Your first and most important priority is to get help. That usually means calling an ambulance or driving to the hospital for emergency medical treatment. It’s also important to commit to ongoing care if you need it.
- Create a safe environment. After the injury or accident, work quickly to create a safe environment. Clear the area, acknowledge the root cause of the problem, and make adjustments to prevent the accident from repeating.
- File a report. Many employers require you to file a report anytime there’s an injury on the premises. It’s important to file this paperwork and make sure it’s completely accurate to your experience.
- Gather evidence. It’s often wise to gather evidence independently, so you can prove the extent of your injuries and the conditions that led to them.
- Talk to a lawyer. Once you’ve followed these steps, talk to a lawyer as soon as possible.
In short, workers’ compensation settlements are often, but not always, worth accepting. They have the potential to cover a wide range of expenses and losses related to your injuries, but sometimes, it’s worth fighting for more.
Unfortunately, it’s hard to tell the difference between these scenarios as a layperson, so get expert legal counsel before you move forward with any decision.