Sometimes, a work-related injury or illness will result in permanent and debilitating harm that prevents an injured worker from ever returning to a stable physical condition. In this case, they may need to draw workers’ compensation benefits indefinitely. Most of the time, though, workers’ compensation cases in Connecticut end with a settlement agreement of some kind between the injured claimant and the insurance company providing the coverage.
Understanding how workers’ compensation settlements in South Windsor work in a practical sense can be key to protecting your best interests during the claims process and ensuring you get all the benefits to which you should be entitled under state law. Here is a brief primer on what to expect when considering or actively seeking a settlement offer, each aspect of which our seasoned workers’ comp attorneys could explain in more detail as needed.
The appropriate time for a workers’ comp claimant in South Windsor or anywhere else in Connecticut to settle their claim is when they are absolutely sure they know what expenses they will have as a result of their work-related injury or illness. With this in mind, the best time to settle a workers’ comp claim is almost always when the injured worker reaches Maximum Medical Improvement (MMI) as determined by their physicians.
That said, there are some potential benefits to agreeing to a settlement before reaching MMI or even coming to a consensus on what MMI actually looks like for the injured worker. Guidance from our knowledgeable team could help an injured worker identify and pursue the best course of action for their particular circumstances.
There are two common ways in which a workers’ comp claim may be “settled” in South Windsor: through a “stipulation” or through a “voluntary agreement.” The former is a complete and irreversible conclusion to the claim, which, depending on the circumstances, can involve the injured employee receiving a single lump-sum payment for future benefits or having those benefits paid out on an agreed-upon schedule. While this allows the injured worker to fully move on from their claim, it also gives them no option to go back and request additional benefits if their condition suddenly worsens.
Conversely, a “voluntary agreement” involves the insurance company acknowledging they still owe a claimant a specific amount of workers’ comp benefits without formally ending their claim. Both types of agreements must be approved by the state Workers’ Compensation Commission, and stipulations, in particular, require an approval hearing before a workers’ compensation judge to determine whether the settlement offer serves the claimant’s best interests.
Settling a workers’ comp claim is often a lengthy and complex process, and injured workers who try to go through it alone are often at a significant disadvantage. Retaining an expert workers’ compensation attorney may be necessary for the best chance of getting favorable settlement terms.
Assistance with workers’ compensation settlements in South Windsor is available from dedicated legal professionals with years of experience helping people just like you. Schedule a meeting by calling Berman & Russo today.
South Windsor Personal Injury Lawyer | Auto Collision Attorneys
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