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It's important to know that a workers' compensation settlement is completely voluntary. No matter what your employer may tell you, if the insurance company offers you a large, one-time payment to replace your on-going, routine compensation payments, you don't have to accept it.
Receiving workers' comp benefits does not necessarily mean you will receive a settlement offer. Rather, numerous factors play into this decision. Your company may think you'll be back on the job quickly or that you're able to do some work, which can determine whether you receive a workers' comp settlement offer.
In most states, the employer or insurance company must decide whether you're eligible for workers' comp benefits promptly or within a reasonable time period. Some states also have strict deadlines for approving or denying a claimoften between 14 and 30 days.
Generally, it should take a week or two to get the settlement agreement to your attorney from the other side. When everyone has signed, your settlement must be approved by a Workers' Compensation judge, which can take up to two weeks. Once it is approved, an insurance company has up to 30 days to mail your check.
At the hearing, the parties stipulate the facts of the case, including the amount of the settlement, and a workers' compensation judge must approve the settlement. A settlement may be in the form of an order approving settlement or an order approving settlement with the dismissal.
In the case of a lump-sum settlement, the employee signs a settlement agreement concluding the case and in return, they get a one-time payment from the employer or the insurance company. In a structured settlement agreement, the employee will receive payments over an agreed period of time.
Not every one of those injuries should result in a workers comp settlement. But some definitely should. When the employee has a legitimate case they should receive compensation from their employer to cover the damages. The process of getting a settlement can be difficult and a little confusing.
Timeline for Getting Your Money: Usually It Takes 4 to 8 Weeks to Get Your Workers Compensation Settlement Check After Reaching a Deal With Your Employer or Its Insurance Carrier.
Some of the most common delays in getting your lump sum settlement or taking your workers' compensation case to hearing include: Problems getting in to see medical professionals to provide an opinion about your injuries. Waiting periods to get your case heard in front of a judge.