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How do workers' compensation settlements work?

If you have been hurt on the job in Kentucky, you may have applied for workers' compensation. After filing your paperwork, you may be approached with a settlement. This is when your employer's insurance company wants to offer you something in return for you settling the case and not taking it to a hearing. Insureon notes at this point you can accept the workers' compensation settlement or reject it. You can also negotiate to try to get a better deal.

Generally, you will be offered a settlement based upon your claim. You usually are entitled to disability payments for the time you cannot work, missed wage payments and medical payments for the associated medical expenses. In a settlement, you may not be offered everything you have asked for. You do have the chance to reject the offer and ask for changes to it so you can get what you feel you are owed.

A settlement is usually drawn up by your employer's insurer. The company will consider your current medical expenses, the potential for lost wages, the severity of your injury and how long the effects may last. They will also look into your attorney fees, which are also usually covered by the settlement offer.

If you agree to the settlement, it still must be approved by a workers' compensation judge. If you do not accept the settlement and go to the hearing, you are at the mercy of the judge. He or she will decide what and how much you will get. It is important to note that when you accept a settlement, it is usually on the condition that you will not ask for anything more related to this incident from your employer or its insurance company. This could be important if you were to have ongoing medical expenses that occur after the settlement is made. This information is only intended to educate and should not be interpreted as legal advice.


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