Getting a workers’ comp settlement offer can feel like a huge relief, especially after months of dealing with lost wages, medical treatment, hearings, and everything else that comes with a claim. But an offer doesn’t mean you have to say yes. Before you agree to anything, you need to know what the offer covers, what you’d be giving up, and whether the amount actually makes sense for your case. Let's break it all down so you're prepared when that settlement offer comes in!
The first workers’ comp settlement offer is usually a starting point. The insurance company knows you may be stressed about money, tired of the process, and tempted to take a quick check.
They may also want to settle before the full cost of your claim is known. If you haven’t reached permanency, you could still have permanent disability, surgery, or future medical treatment ahead. Settling early lets the carrier avoid those potential costs.
Sometimes a first offer is fair—but don’t assume it’s the best they’re willing to pay.
You generally have three options: accept, reject, or counter.
If you accept, you agree to the amount and the settlement terms. In New York, a full and final Section 32 settlement generally closes your case for good.
If you reject, your case generally keeps moving, and your existing weekly benefits don’t automatically stop. You can also counter if you’re willing to settle but want more money. The offer isn’t necessarily take-it-or-leave-it—you can negotiate.
Start by figuring out how the insurance company valued your case. Your attorney can ask for a breakdown and look for anything they left out, like future medical care, lost wages, permanent disability, retroactive awards, or compensable injuries.
Then counter toward the high end of a realistic range. You want room to negotiate, but asking for an unrealistic amount can turn your demand into a non-starter and stall negotiations.
If you’ve received a workers’ comp settlement offer and aren’t sure what to do, give me, Rex Zachofsky, a call anytime. I’d be happy to talk through the offer, where your case stands, and what your options are.
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