What You Should Know About Settling A Workers’ Compensation Case In Pompano Beach
After you have filed a workers’ compensation claim in Pompano Beach and have been approved for benefits, you might be wondering if you should be thinking about settling your claim and what that actually means. Our South Florida workers’ compensation attorneys know that you likely have many questions about the process. For example, can any workers’ compensation claim be settled? What are the benefits and limitations of settling a claim? And when is it possible to settle a workers’ compensation claim under Florida law? Our firm can help you with your case and can make sure you have the answers you need. In the meantime, the following are some essential things to know about workers’ compensation claim settlements in Florida.
You Are Not Required to Accept a Settlement
You should know up front that workers’ compensation settlements are never mandatory. If you do not want to accept a settlement, you do not need to do so. Workers’ compensation settlements are always voluntary.
Workers’ Compensation Claims May Be Settled at Any Time
Generally speaking, you can settle your workers’ compensation claim in Florida at any point in the claims process if you have a Florida workers’ compensation attorney representing you.
If you are representing yourself, you can reach an agreement with the insurer and accept a lump-sum settlement payment in certain circumstances. Without an attorney’s assistance, you can accept a lump-sum settlement payment if your workers’ compensation claim has been denied but a judge believes both you and the insurer have a basis for your position, or if your healthcare provider says that you have reached maximum medical improvement (MMI). Maximum medical improvement means that your condition is unlikely to improve from that point forward.
Accepting a Settlement Will End Your Workers’ Compensation Medical Coverage
Before you consider accepting a settlement without reaching maximum medical improvement, it is critical to understand that accepting the settlement will mean that the insurer will no longer pay for your medical care. Accordingly, most injured workers in Florida tend to wait until they have reached MMI to accept a settlement so that their medical bills will continue to be covered by the workers’ compensation insurer while they receive treatment.
Settlement Amount Will Depend on Many Factors
While some states have a specific formula for calculating workers’ compensation settlement amounts, Florida law does not have a particular formula for this kind of calculation. Instead, the insurer is likely to consider a variety of factors in making a settlement offer, such as: how severe you injuries are, your level of permanent impairment, whether any bills or benefits remain unpaid, whether you will be able to return to work in any capacity, and how much additional medical treatment you are likely to need.
You Cannot Change Your Mind After Accepting a Settlement
Once you accept a settlement, Florida law does not allow you to change your mind. Accordingly, it is important to seek detailed advice from a lawyer before you accept any workers’ compensation settlement offer.
Contact a Pompano Beach Workers’ Compensation Attorney
If you have questions about workers’ compensation settlements or need advice about your case, you should get in touch with one of our Pompano Beach workers’ compensation lawyers as soon as possible. We can help you to seek the benefits you need. Contact the Law Offices of David M. Benenfeld, P.A. for more information.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html
