Every business owner in Minnesota should know what constitutes a good workers comp settlement. By understanding the process of workers’ compensation and the factors that go into a settlement, you can protect your business interests and ensure that you are getting the best possible deal for your injured employees.
A good workers’ compensation settlement meets the needs of both the injured employee and the business. To achieve a fair settlement, it’s important to understand what factors go into determining how much compensation an injured worker receives. This blog post provides an overview of work comp settlements in MN. It highlights some key factors that impact settlements.
Important Factors of a Successful Workers’ Compensation Case
Every employer is required to have worker compensation insurance for each employee. This coverage is not conditional on any one aspect. Regardless of hours worked, dependents, or duration with the organization, every employee must be covered.
As a business owner, you want to ensure that each worker is covered. A workers’ compensation settlement can be made from an injured worker’s employer or another organization with the same coverage.
Here are some important factors that may determine the success of your workers’ compensation settlement.
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Workers’ Compensation Claim: The first step is to file a claim with a workers’ compensation insurance company after an on-the-job injury or illness. This is important because you are required by law to have coverage for each worker, regardless of who is at fault for the injury.
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Nature of the injuries you sustained: You should receive a diagnosis from a medical professional before going any further. The nature of the injuries you have sustained will determine your eligibility for compensation. If there are permanent disabilities, how much workers’ comp you can get could affect.
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Future medical issues: You may encounter future medical issues resulting from the injury, though this isn’t always the case. A workers’ compensation settlement will often take into account any future medical expenses you are likely to incur. Part of the settlement will include coverage for any future medical expenses related to the injury.
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Amount of salary you lose: If you are unable to work in your normal capacity, the next step is calculating how much money you would have made if it were not for the injury. If there are any permanent disabilities, this amount will be deducted from your total settlement.
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Duration of the injury: The length of time you cannot work will also be a factor in how much money you receive. If you are out of work for an extended period of time, your workers’ compensation settlement is likely to be higher.
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Your doctor’s credibility: You must see a doctor regarding the injury. If you don’t follow through with medical treatment, your case may not hold up in court. You should also be sure to provide your attorney with all of the information from your doctor appointments and records while under their care.
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Services of an attorney: One of the most important factors in getting a successful workers’ compensation settlement is having an experienced attorney by your side. They will help you through every step of the process and make sure that you are getting the best possible outcome for your situation.
Types of Workers Compensation Settlements
The settlement procedure begins with an offer from the insurance company and employer. Payment for overdue benefits or medical bills, as well as the costs of future treatment, may be included. If a worker is permanently disabled as a result of an injury, they may be entitled to a disability award to compensate them.
These are the most common types of workers compensation settlements:
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Settlement of agreement: The parties may reach an agreement determining the amount and scope of compensation payments due. The settlement will next be submitted to the Workers’ Compensation Commissioner. The Workers’ Compensation Commissioner’s approval of an agreement settlement affirms the compensability of the claim and maintains the employee’s future rights.
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Settlement by compromise: When an employee’s eligibility to benefits is disputed, a compromise settlement may be filed with the Workers’ Compensation Commissioner. When a compromise settlement is approved, both parties’ future rights to benefits for the settled injury are terminated.
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Settlement on a contingent basis: Any settlement may be made conditional on the occurrence of a specific subsequent event. If a settlement is conditional on an expected occurrence that does not occur, the settlement and its approval may be invalidated. When Medicare must additionally accept the settlement, a contingent settlement is typically employed.
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Settlement of a combination: A combination settlement insulates the employer from a reduction in workers’ compensation insurance premiums and is typically utilized when an employee’s pre-existing injuries are complicated by new injuries. A compromise of one part of the claim during the course of negotiating a combination settlement may render the entire agreement invalid because proper notice to Medicare was not given.
When To Consult a Lawyer
While a lawyer is not required in all worker’s compensation situations, they are almost always necessary. The entire procedure is quite sophisticated and can be quite confusing. Having a skilled attorney who is familiar with the law and how it all works can be really beneficial. The sooner you involve an attorney, the better off you will be.
Employees who get legal counsel to assist them with a worker’s compensation claim frequently receive more money in their settlement than those who do not. This is largely due to the negotiation strategies employed by a lawyer. Bringing a lawyer in to consult on your case might provide you with the reassurance that your claim is being handled properly.
Conclusion
A good workers’ compensation settlement is one that leaves the injured worker with some degree of independence and quality of life. The best settlements are those in which the employee does not suffer from permanent disabilities. While no settlement can ever truly make up for an injury, a good workers comp settlement can help workers move on with their lives.
The settlement provides for a comfortable lifestyle without compromising their ability to work again at any point in time. It is important to remember that work comp settlements in MN are not just numbers on a piece of paper. They are agreements that can significantly impact your life and the lives of those who depend on you. With this in mind, it is important to make sure you receive the best settlement possible.
For this reason, it’s important to have an attorney who specializes in these types of cases represent you throughout your proceedings. We at Osterbauer Law Firm, LLC, are here to help business owners and employees with their workers’ compensation claims. Call us for a free consultation to see how we can help you get the best settlement possible.
