Can I Settle My Workers Compensation Claim?
Settling a Workers Compensation Claim in Oregon
Can I settle my workers compensation claim? Yes. Whether your claim is accepted or denied, you may be able to settle your workers compensation claim. Settlement is voluntary. In most cases, though, you may have the opportunity to try to settle your claim.
Can I Settle My Workers Compensation Claim if it has been Accepted?
In most cases, if your claim has been accepted your employer and the insurance company may be interested in setting your claim. This type of settlement is called a Claim Disposition Agreement (CDA). A Claim Disposition Agreement allows the parties to settle the injured workers entitlement to all benefits of the accepted workers compensation claim except medical benefits.
Can I Settle My Workers Compensation Claim if it has been Denied?
If your workers compensation claim has been denied, then the insurance company and the employer may be interested in a Disputed Claim Settlement (DCS). Disputed Claim Settlements are an option when a legitimate dispute (bona fide dispute) exists regarding your claim. Once this type of settlement is agreed upon, the denial of the workers compensation claim becomes final. As a result, the injured worker settles away the right to appeal and any future benefit that would have been available had the denial been successfully overturned.
Why Should I Settle My Workers Compensation Claim?
Settlement is voluntary. It is not the answer for every workers compensation claim. For many claims, however, it is the answer. Workers compensation in Oregon has many flaws. It creates a lot of uncertainty. Many work injuries end up under-compensated. A lot end up with no compensation. Settling your workers compensation claim will bring certainty and closure to a process that is emotionally draining and seemingly never ending. It gives injured workers more control of their claim. Settlement lets the injured worker move on with their life and focus on healing.
Should I Hire a Lawyer to Help Me Settle My Workers Compensation Claim?
In order to ensure that you receive the maximum benefit from your settlement, it would be wise to seek the assistance of an attorney. When compared with other personal injury settlements, workers compensation settlements are fairly modest. Therefore, it is important that you get the maximum settlement available. An attorney will be able to fight for you and advise you as to whether the settlement is acceptable.
Without the assistance of an attorney, it is also possible to settle away rights that you may otherwise be able to retain. It is important to have an attorney review the settlement documents to protect your rights. Workers compensation settlements can also negatively impact Social Security Disability claims and present medicare issues. An attorney can protect your ability to receive Social Security Disability without interruption and advise you appropriately regarding any potential issues with medicare.
How Much are Lawyer Fees if I Settle My Workers Compensation Claim?
If you settle your workers compensation claim, 25% out of the first $50,000 goes toward lawyer fees and 10% out of any amount over that goes to attorney fees.
If you have any desire to settle your workers compensation claim, do not wait and lose negotiating power. If you live in Oregon in Portland, Salem, Eugene and surrounding areas, contact us today for a free consultation. Let us help you maximize your settlement.
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