You’re on the night shift at the warehouse, loading pallets onto a truck. The forklift you’re operating hits an unexpected dip in the concrete floor, jolting you hard. Next thing you know, there’s a sharp pain shooting through your lower back. Or maybe you’re on a construction site, and a piece of falling debris catches you on the shoulder. Perhaps you’re a nurse, and an aggressive patient twists your wrist during a difficult moment.
However it happens, you’re hurt on the job. And once the initial shock wears off, your mind starts racing with questions about workers’ compensation and whether your case will end with some kind of settlement check.
It’s one of the most common questions I hear as a workers’ compensation attorney in Florida.
And contrary to what many people believe (or what your buddy who got hurt last year might tell you), not every workers’ comp case ends in a settlement.
What Does “Settlement” Actually Mean?
In Florida workers’ comp, a settlement means you’re accepting a lump sum payment in exchange for closing your case permanently. By accepting the payment, you are releasing the employer/insurance carrier from future liability, effectively closing your case permanently. Sometimes the term used to describe this is a “washout settlement” because you’re essentially “washing out” all future claims related to that injury.
However, specific terms can vary by individual settlement agreement, and some medical benefits might still be available in certain circumstances. An experienced workers’ compensation attorney will be able to help you understand the full implications of your specific settlement.
When you settle, you’re typically signing away your rights to future medical care and lost wage benefits for that injury. It’s different from simply receiving your weekly checks and medical treatment, which isn’t technically a “settlement.” That’s just getting the benefits you’re entitled to under the law.
Plenty of Cases Wrap Up Without Settlements
Believe it or not, many workers’ comp cases in Florida never result in settlements at all. Here’s when that typically happens:
Minor injuries with complete recovery. Take Marco, for example. He works as an electrician and strained his back lifting a heavy panel. His employer reported the injury, the workers’ comp insurance covered his doctor visits and physical therapy, and after six weeks, he was back on the job at full capacity. The insurance company paid his medical bills and the two weeks of work he missed. His case simply closed without any settlement negotiations or paperwork.
Cases with minimal dispute. Sometimes, even if you’re out of work for months, if the insurance company isn’t fighting about paying your benefits, there’s no real reason to settle. Your case might eventually just wind down as you recover.
Administrative closure. After a certain period of inactivity (usually a year with no medical treatment or benefits paid), the state may administratively close your file. This isn’t a settlement – it’s more like the system putting your case on a shelf. You might still be able to reopen it if problems related to your injury flare up later.
When Settlements Are More Likely
Other cases are much more likely to end with a settlement check. Here’s when that tends to happen:
Permanent injuries. If you’re like James, a roofer who fell and seriously injured his knee, resulting in permanent work restrictions that prevent him from climbing ladders or kneeling, a settlement makes more sense. The insurance company might calculate the future benefits they’d likely pay and offer a lump sum instead.
Disputed claims. Maria works in a nursing home and developed carpal tunnel syndrome from repetitive lifting and repositioning of patients. The insurance company initially denied her claim, saying it wasn’t work-related. After her attorney gathered medical evidence linking her condition to her job duties, the insurance company offered a settlement rather than fighting the case through lengthy hearings.
When you’re not returning to the same employer. If you can’t return to your pre-injury job and are moving on to different work or for a different employer, settlements are common because they provide a clean break for everyone involved.
Factors to Think About Before Settling
Whether settling is right for you depends on several factors:
Future medical needs. If your injury might require ongoing care or future surgeries, settling means you’ll need to cover those costs yourself (or through your regular health insurance). That settlement check might not look so great after paying for years of treatment.
Financial situation. While a lump sum might help with immediate bills, consider whether it truly compensates you for the long-term impact of your injury.
Not all Worker’s Comp Cases End in Settlements
No, not all workers’ comp cases in Florida end in settlements. Sometimes, that’s actually a good thing. If you’re receiving the medical care you need and the benefits you’re entitled to without dispute, you might be better off just letting the system work as designed.
But if you’re facing resistance from the insurance company, have a permanent injury, or are considering changing jobs due to your injury, settlement might be the right path. Every situation is different, which is why getting some professional advice about your specific case is usually worth your time.
A Florida Worker’s Compensation Lawyer Can Help
The damages and trauma a work-related accident brings to your life can be devastating. Beyond the pain and frustration associated with your injury, understanding how the workers’ compensation process works can be overwhelming, especially if things don’t work out like they are supposed to.
The Law Offices of Adam Baron, P.A. have represented hurt workers and accident victims for over 30 years. We understand how frustrating and challenging this time can be and we know how to help you through it. Our Florida work injury attorneys are aggressive when it comes to obtaining compensation and justice on behalf of our clients.
If you were injured or became sick while working, we can help. Call Adam Baron at 954-247-HURT now for a Free, No-Obligation Case Review.