At a Crossroads
After you have been injured at your job, and have had all the treatment that your doctor recommends and has released you from his care, you may find yourself at a crossroads.
Will I Get a Settlement from Workers' Comp?
There are two main choices. One is to leave your case open. What this means is that even though the doctor has finished with you, you have the right to keep going to the doctor for supportive care, if you agree to pay a ten dollar co-payment per visit. You could theoretically enjoy this right to keep treating at the insurance company's expense for the rest of your life - so long as you do not let more than 365 days go by before your last visit. There are many people who do this because they are concerned about what could happen in the future to their health. It's you're right to leave it open; just be careful not to let more than one year go by or your case can be closed!
Workers' Compensation Future Medical Settlement
More often than not however, many people will choose another path once they are done with their doctors. And that is the path towards settlement. When somebody decides to settle their worker's compensation case, they are essentially saying to the insurance company, "Okay, I'm willing to close my case now. How much are you willing to give me?"
First and foremost, one should always be represented by an attorney and let the attorney evaluate what the case is worth and negotiate the settlement. The average injured worker will generally not know how much their case is worth and could be taken advantage of by an adjuster and not offered enough money for their case. On the flip side, an injured worker may think their case is worth hundreds of thousands of dollars when it may only be worth very little simply because they do not know how to value their claim.
Workers' Comp Settlement Amounts
So what goes into a worker's compensation settlement? Well first off, let me tell you what is NOT considered:
Pain and Suffering: There is no recovery for pain and suffering in a workers compensation case. Unlike a regular personal injury case, It is simply is not part of the law and you will not be compensated for it. Many clients will say that they want to be compensated for their damages, only to find out the things that they lost, like the additional income, lost opportunities and things of that nature are simply not factored into the equation.
Future Lost Wages: Similarly, future lost wages are not even considered in a settlement in work comp. The only exception to that rule is if you are hurt to such a degree, that you can never work any job ever again, under those circumstances you would be eligible for future wages.
What is a Future Medical Buyout?
What constitutes a settlement in workers compensation for 99% of injured workers is the estimation of what the future medical costs would total had they elected to not settle. The insurance company will offer you money based on the cost of the treatment your doctor says you may need over a lifetime. Things like future surgeries, therapy, injections and the like, are the things that give your case value.
Get the Settlement You Deserve!
This is why you would let me, Adam Baron, handle your case for you. I will be there with you, guiding your claim along and help to keep it at its maximum value. If you ever want to settle, I will be in the best position to evaluate your case and argue to the insurance company why they should pay you the most amount of money to settle your case. Feel free to give me a call and I will be more than happy to discuss your case with you. I have offices in North Miami Beach, Coral Springs, Naples and Fort Myers. Even if you live elsewhere in the state, I can still represent you. Don't sell your case short! Call me today.