What Is A Structured Settlement In Workers Comp

It is certainly important to weigh the pros and cons carefully and with the help of an experienced workers comp lawyer.

What is a structured settlement in workers comp. If your claim is disputed a trial or workers comp hearing is time consuming and risky. Conceptually workers compensation payments are intended to be partial replacement of income covering present and future lost earnings resulting from a workplace injury on the job injury or illness. In most cases the employee has the option to accept the offer pursue a lump sum settlement or negotiate for a larger structured workers comp settlement. If the employee decides to pursue a larger workers compensation settlement negotiations will take place between the employee his or.

After a workplace injury you may file a workers compensation claim and be awarded a structured settlement with regular monthly payments. It is only one of many options available under the industrial insurance act and it may involve giving up other benefits. There are advantages and disadvantages to settling your workers compensation claim through a lump sum settlement or some type of structured settlement. I strongly urge injured workers to consult with an experienced workers compensation attorney before agreeing to a structured settlement.

A structured settlement can also be used to fund a workers compensation medicare set aside msa account where the employer is responsible for the cost of the primary medical treatment for the claimant and medicare is the secondary payer. However the claim that selling workers comp awards for a lump sum is definitely impossible or always illegal may be an overstatement. Employers should stay involved to avoid a lawsuit. A structured settlement is financial agreement for a series of periodic payments an injured person receives over a set time period or over the person s life time to settle any legal obligation including a workers compensation claim.

In california workers compensation law there is the provision to allow injured workers to settle their cases via a compromise and release. In workers compensation there are many ways upon which an injured worker can settle their case. Typical workers comp settlement amounts. What is the average workers compensation settlement.

A structured settlement enables workers compensation payments to be tailored to better suit the needs of the injured worker. Injured workers should never feel like a structured settlement is their only option. The good news is that the majority of workers 73 receive a settlement or award.