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Should I Settle My Workers’ Compensation Claim?

Should I Settle My Workers’ Compensation Claim?


Injured workers of all ages, occupations and income brackets ask us about lump sum settlements. Some have had a miserable experience dealing with the insurance company, while others have not experienced any difficulties at all. Some injured workers want to be ‘done’ with workers’ compensation – to get the insurance company out of their lives. Others need to move on, perhaps to a new job opportunity or further education. Some injured workers are nearing retirement and wonder how their workers’ compensation case will interact with their Social Security retirement and pension benefits. Others will never be able to go back to work and have applied for Social Security Disability benefits.

Let’s answer a related question first. “Should I have a lawyer to help me settle my case?” The answer is “Yes.” Without a lawyer, the playing field is not level. Without legal training and experience in negotiating with insurance companies, the odds are in the insurance company’s favor. The insurance company has lawyers. You should have a lawyer, too.

“To settle or not to settle. That is the question.” There is no ‘one-size-fits-all’ answer. Each of our clients are unique. Each of our clients are special. Each client’s unique situation deserves individual analysis and specialized consideration. The dollar amount of a lump sum settlement is usually the chief concern. There are other considerations.

  • How old are you?
  • Will you be able to find a good-paying job?
  • How will you support yourself and your family after you settle?
  • Are you receiving Social Security or Medicare benefits?
  • Are you paying child support?
  • Will you need future medical treatment for your work injury?
  • If so, what kind of medical treatment?
  • Will you need surgery in the future?
  • How much is your weekly compensation check?
  • Has the insurance company filed a petition to reduce or stop your compensation checks? Are they threatening to do that?
  • What risks do I take if I decide to settle?
  • What risks do I take if I choose not to settle?

We are committed to leveling the playing field on behalf of all of our clients. We have more than 30 years’ experience helping injured workers to understand their cases and protect their legal rights. When it is in our clients’ best interests, we have helped many clients to obtain significant lump sum settlements. Representing injured workers is about much more than money. In some situations, the risk of settlement outweighs the benefits. When the risks are too great, we counseled clients against settlement.

Your workers’ compensation case is unique. You are unique, too. You deserve the time commitment and individual consideration that our law firm provides to all of our workers’ compensation clients. We handle every workers’ compensation case on a ‘no recovery – no fee’ basis. Always, we offer a free no-obligation initial consultation.

We hope this information will help you, the injured worker, to better understand your workers’ compensation case.

By Christopher J. Youngs, Esq.