SETTLEMENT

Often an employer will offer an injured worker a settlement based on the level of impairment the company’s doctor feels the worker suffered.  This is usually not a fair deal for the worker for two reasons:

1.         The type of settlement offered. 

Almost always, any offer made to you by the employer will be for what is called a Joint Petition settlement.  A Joint Petition settlement gives your money to you in a lump sum, but it terminates any future rights that you may exercise against your employer for the injury.  For instance, if an injury gets worse, the injured worker will not be able to seek additional temporary or permanent disability benefits and the cost of any medical treatment will come out of the injured worker’s pocket.  Also, any right to vocational rehabilitation is terminated.  On the other hand, if an injured worker proceeds to trial, all future rights are preserved if the worker later has more problems resulting from this injury.

A Joint Petition settlement is almost never a good deal for a worker unless other extenuating circumstances exist.

2.         The employer’s doctor has determined the level of impairment.

A rating of permanent disability is just one doctor’s opinion of how this injury has affected you.  There are guidelines that doctors must follow in rating disability.  But if the doctor works for the company, he will tend to minimize your injury in any way possible.  In other words, you probably will not get all the compensation to which you are entitled.

Remember, you are entitled to a second opinion.

There are several other ways to conclude your claim without waiving your future rights, other than settlement.  It is to your advantage not to settle your claim with the company without first consulting with a competent Workers’ Compensation attorney.

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