Settlement can have several attractive elements if you have been injured at work. However, if you are going to settle, you need to make sure this is the best option for you. Talking to an experienced Virginia workers compensation lawyer can help you determine if settlement may, or may not, be a good option for you, based on your specific set of circumstances.
Can I be Forced to Settle my Workers’ Compensation Claim?
The short answer is no. There are several reasons why you may, or may not, be in a good position to settle your workers compensation claim. Understanding settlement is key in making the decision as to whether or not a settlement is a right choice for you.
When you negotiate a settlement, you are giving up all your rights to future lost wages and future medical benefits, so it is a very serious decision that needs to be looked at from various points of view to make sure that you are making the right decision.
Some of the Benefits of Settlement
- Being able to see the doctor of your choice
- Being in control of your own treatment plan
- Getting all of your benefits in one lump sum
- Avoiding litigation
- No more having to deal with the insurance company, adjuster, nurse case manager, or vocational rehab counselor
Some of the Downfalls of Settlement
- Resigning from your position as part of your settlement agreement
- Losing employer-provided benefits like health insurance
- Unexpected future changes in your treatment or recovery
- Unexpected future changes in your ability to work
Can I be Forced to Settle my Workers’ Compensation Claim?
Again, the short answer is no. In Virginia, a settlement has to be a voluntary agreement between you and the insurance company. Once a settlement agreement is reached, you will have to sign settlement documents and file relevant medical records and bills with the Virginia Workers’ Compensation Commission.
If you have a lawyer helping you, this settlement process can be much easier on you as the attorney will handle everything from negotiating the sum you will receive to filing the necessary paperwork on your behalf. And most importantly, a good lawyer will be by your side throughout this process to thoroughly explain all the documents you are required to sign.
Once all the paperwork is complete, then the Virginia Workers Compensation Commission will review the settlement and all relevant documents and determine if they will approve the full and final settlement. The Commission will only approve a settlement if it is their opinion that the proposed settlement is in your best interest (however, this does not guarantee that you will get the full value of the claim!).
It has been said (I have seen it) that injured workers get more money in their lump sum settlements when they hire an attorney as opposed to not hiring an attorney.
This is why I would, again, advise consulting with an attorney to see whether you should have an attorney help you evaluate your case and to negotiate a good settlement.
The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia workers’ compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.