Workers Compensation Settlements: How They Work and How To Get A Fair One

Reach out to an experienced St. Louis workers compensation lawyer to help negotiate a fair settlement and ensure you are receiving the full amount of benefits you are legally entitled to.

Missouri workers who are injured on the job are generally entitled to workers compensation benefits. From medical expenses to lost wages and even disability benefits, workers compensation is designed to help you get back on your feet when you’re injured or become sick as a direct result of your job.

Usually, these benefits will be paid out weekly by the employer’s insurance company until the worker fully recovers and goes back to work, either to their previous position or a modified one, if the worker cannot perform their regular activities due to their injuries. But where does a worker’s comp settlement fit in?

What’s a Worker’s Compensation Settlement?

Not all workers’ compensation claims in Missouri result in a settlement. For instance, if you break your arm and need to take a few weeks off work to heal, you will likely receive weekly lost wages until the moment you can return to work. When you do, the case is generally considered final if you’ve made a full recovery.

However, not everyone is this fortunate. In some cases, the work injury can result in a Total Partial or Total Permanent Disability. These are more extensive injuries or illnesses that affect even your quality of life.

These are the cases where a potential workers’ comp settlement can be negotiated.

How Do These Negotiations Work?

There are clear benefits established for these disabilities:

• Permanent partial disabilities – 66 ⅔% of your average weekly salary, paid for a specific amount of weeks based on the type of disability you have. For instance, the ‘body as a whole’ generally receives 400 weeks of disability payments, while the shoulder will generally receive 232 weeks;

• Permanent total disabilities – 66 ⅔% of your average weekly salary and can be paid for a lifetime.

In both these cases, your ability to work is affected. A PPD can mean you have fewer employment options, while a PTD can mean you cannot work at all. Because of this, you can receive these extended or even lifetime payments.

Instead of receiving recurring payments, you can negotiate a lump sum with the insurance company instead, referred to as the settlement.

Should You Settle?

Settling isn’t always bad, but you need to remember that a worker’s comp settlement is generally final. Even if your condition takes a turn for the worse, later on, you may not be able to receive additional medical benefits or pay for them if you agree to a final settlement.

This is why settling a worker’s comp claim should generally only be an option when your doctor states you’ve reached Maximum Medical Improvement, meaning your condition is stable and not expected to change. However, it’s common for insurance companies to try and start the process before that.

Reach out to an experienced St. Louis workers compensation lawyer to help negotiate a fair settlement and ensure you are receiving the full amount of benefits you are legally entitled to.