When deciding how to handle a worker’s compensation claim, it is important to understand what is gained and lost by settling. Described below is some basic information about settling a worker’s compensation claim. One important fact is that if the injured worker decides to settle the worker’s compensation claim, that individual will no longer receive weekly benefits for that injury. There are two types of weekly benefits, under what is described as, “Temporary Total Disability,” or TTD. TTD benefits include wages paid while you are off work, and the payment of your medical bills. Therefore, it is important not to settle a worker’s compensation case until you have returned to work, and your medical care is completed, or money is set aside for future medical care.
In addition, you are entitled to a, “Permanent Partial Disability,” or PPD benefits, which covers the extent of your injuries and is not the same as, but can be thought of as, pain and suffering. The idea behind PPD benefits is that you are compensated for the impact this injury has had on your body. Depending on the state, the insurer may be obligated to continue paying medical benefits even after a settlement has been reached. However, some states do not have this mandate. Therefore, it is imperative to consult an experienced attorney, who knows the applicable laws. Further, every settlement on a worker’s compensation case requires approval from the state worker’s compensation commission. Even if the injured worker and the insurance company agree on a settlement, the worker’s compensation commission has the right to reject the settlement. In order to determine the dollar amount for a settlement, two additional factors must be included. Those factors are the future worker’s compensation benefits as well as the probability that those benefits are received.