Workers comp cases can be very complex and drag on for a long period of time. While the injured worker remains at home, the employer is paying for lost wages. Once the initial claim period expires, the employee may file for an extension. Eventually, the situation reaches the point where employers, insurance carriers, and employees wish to reach workers compensation settlements.
Employees should obtain lawyers as soon as it is determined that the injury may be long-term or indefinite. Even while an employee continues to receive benefits, an employer may have those suspended if it suspects that the employee is well enough to return to work. In this case, the employer and carrier may offer light duty work in similar or entirely different occupations, as long as the pay is equivalent.
The employee may disagree with the determination of the insurance carrier and therefore considers going to litigation. This legal proceeding is risky because the outcome is dependent on the assessment by the judge. Therefore, it is helpful to have an experienced legal professional to provide guidance.
The intricacies involved in these cases vary, largely dependent on state law. Pennsylvania workers are known for having an especially difficult time during the legal process. In states where litigation is difficult, individuals should consider retaining an attorney to get either a lump sum payment or structured settlement. Settling the case will allow the worker to avoid the legal process and obtain some money. The employer and carrier may also prefer to pay the money than go through the long process of litigation with no guaranteed result.
Workers compensation settlements are a quick and convenient way for the employee, employer, and insurance carrier to avoid litigation. They provide the employee with money in exchange for release of the claim. The employer will no longer need to hold the employee’s job open and can search for a replacement.





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