Monday, September 11, 2023

Should I Settle My Workers’ Compensation Claim?

 Having an accepted workers’ compensation claim can be a long process.  Not only are you getting paid less than your average weekly wage, but you also may not have a say in selecting which doctor is working with you.  Some workers’ compensation cases go on for years through surgeries, rehabilitation, and vocational rehabilitation. Tippens & Zurosky is here to fight for you.

 




A workers’ compensation case can settle one of two ways.  You can settle on what is called an open agreement, referring to you not closing out your right to future medical care paid for by the workers’ compensation insurance carrier, or your employer.  You can also settle on what is called a clincher, or compromise settlement agreement.  These full and final agreements will typically compensate you for a higher sum than an open agreement because you are waiving your right to future medical care, and sometimes weekly indemnity payments.


So, which way of settling your workers’ compensation case is best?  There is not an easy answer to this question as no workers’ compensation case is exactly the same.  If you had the type of injury where you returned to work with your employer relatively quickly, then an open agreement is usually done. The decision to clincher, or fully and finally settle your workers’ compensation case is often a complicated one.  You may not know what future medical treatment you are going to need. Many workers’ compensation insurance companies would rather offer a lump sum than stay on the hook for your medical care in the future. 


 If you have a workers’ compensation case, and you have reached the point in your case where it is time to resolve it one way, or the other, please pick up the phone and call Tippens & Zurosky. Trying to settle a workers’ compensation case on your own can be difficult, especially when the workers’ compensation insurance company is in business of settling claims, and you are not!  You need someone to look out for you, so call us, so we can be your voice, answer all of your questions, and help you resolve your claim!  Tippens & Zurosky has knowledgeable, experienced attorneys certified in North Carolina and South Carolina, who can fight for your rights during this often long and difficult workers' compensation process. Call us at 704-343-0018, for a free consultation. Let us help you!