Under Connecticut law, a worker can have partial stipulations for benefits in the past, or they can have a full and final stipulation or settlement. That is only done when the person wants to leave their place of employment, when there is a change in insurance company, or they want to resolve their case. For many people in Glastonbury, a workers’ compensation settlement may be their best option. If you are looking to resolve the case through a settlement, you should consider a seasoned workers’ compensation attorney.
When Should an Employee Consider a Settlement?
If an employee feels they want to leave their employer, then that is a good time to consider a settlement. In a case that is complicated or contested, it can be helpful for both parties to come to a compromise, usually ending with the person leaving their job with a lump sum. That is often preferable when the worker desires to resolve their case or when they have finished treatment.
In Connecticut, it is almost unheard of for any insurance carrier or employer to settle a case with the agreement that the worker still works for the employer. Usually the friction between the two will be so high that continuing to work together is a nearly impossible task.
Who is Involved in Settling a Case?
When a party in Glastonbury is interested in settling a workers’ compensation case, they need a lawyer. It is possible for a lawyer to potentially resolve a claim for up to ten times as much money as an insurance company initially offers. It is important to know the kinds of benefits that an individual is entitled to receive in a settlement and not take the insurance company’s initial offering. A lawyer should be involved to represent the worker and negotiate the number.
It is difficult to consider all of the possible damages without a lawyer or a life care planner who can determine someone’s future needs. Without those resources, an unrepresented person usually loses against the insurance company.
Benefits to Include in a Settlement
When an individual decides to settle, they should be sure that the following damages are included in their settlement:
- Past wage benefits
- Mileage reimbursement for medical and legal appointments
- Out-of-pocket medical expenses
- Permanent partial disabilities for the past, present, and future,
- Necessary medical treatment
- If the worker believes they were discriminated against by the employer
- If the worker believes they were wrongfully terminated
Once the settlement occurs, they cannot go back later to ask for more after discovering there are further costs.
Permanency Ratings and Settlements
After a person reaches maximum medical improvement, their treating physician must assign a permanent partial disability. They will use the American Medical Association Guide to assign the disability, also called a rating. The rating is converted into a monetary amount based on an equation that includes how much the employee makes, the percentage of their limitation, and the part of the body that was disabled.
That is usually paid out in a lump sum to the injured worker or it might be paid out on a weekly basis until the pool of money is exhausted. The disability rating can be a factor in how much a local worker receives in a workers’ comp settlement.
Ensuring an Accurate Rating
The American Medical Association Guides to the Evaluation of Permanent Impairment that physicians use to assign a rating is in its sixth edition. Every guide is different in how it values or assigns a rating to a specific body part. A lawyer who is familiar with the various guides and how they have evolved over the years could assess whether or not the ratings the physician gave are too low, or whether they are even using the appropriate guide. Sometimes a physician applies a standard that is outdated or brand new.
As a result, the plaintiff might get a two percent rating when they should have had a much higher rating. That can mean a significant difference in how much money they receive, so it is important to have a lawyer who could look into the details of an assigned rating and make sure that the injured individual gets an appropriate score.
Seek Out a Workers’ Compensation Settlement in Glastonbury with an Attorney
If you wish to leave your current job instead of returning to it with restrictions, it might be in your best interest to settle your claim for a lump sum instead of receiving weekly benefits. Speak to a dedicated lawyer about workers’ compensation settlements in Glastonbury and begin to put this chapter of your life behind you.