What Every Injured Worker MUST Know Before Settling Their Case!

Settling your workers' compensation case can feel like a huge relief, especially after months or years of dealing with an injury, medical appointments, and insurance companies. But before you accept an offer, you need to know exactly what you're agreeing to. Here's what you should know before deciding whether to settle your New York workers' compensation case.

What Do You Need To Prepare Before You Settle Your WC Case?

Before settling your workers' compensation case, there are a few things you should know:

1. Your medical condition: Have you reached maximum medical improvement (MMI)? Your doctor can determine whether your injury is permanent and how serious it is, even if you still need treatment.
2. Your case's value: Review your disability rating and average weekly wage with your lawyer. Compare what you could receive if you kept your case open with the settlement offer.
3. Your future medical needs: Ask your doctor about possible surgeries, prescriptions, and ongoing treatment. Get a written plan so you know what expenses you could face if you close your medical benefits.
4. Your take-home amount: Attorney fees, unpaid child support, and other deductions can reduce your settlement. It could also affect your SSDI benefits or a separate personal injury lawsuit.

You don't have to reach MMI to settle, but it's a good time to start discussing your options. And you never have to accept an offer if you're not ready.

What Do You Need To Know About Your Injury Before You Settle WC?

Before settling your workers' compensation case, you need to understand how serious your injury is and how it could affect you long-term.

One important factor is maximum medical improvement (MMI). This means your injury has improved as much as it's expected to, even if you're still in pain or need treatment. Once you reach MMI, your doctor can determine whether you have a permanent disability and how serious it is.

Your permanent disability rating also affects your settlement amount. Your doctor and the insurance company's doctor may disagree on your level of disability, which can affect negotiations.

You should also know what you'd receive if you didn't settle. For schedule injuries, like an arm or leg, benefits depend on your loss of use and weekly compensation rate. For nonschedule injuries, like your neck or back, benefits depend on how your injury affects your ability to earn money.

What Do You Need To Know About Your Medical Care Before You Settle WC?

Before settling your workers' compensation case, you need to know whether you'll still have access to medical care for your injury.

Depending on your settlement, workers' comp could stop paying for your doctor visits, prescriptions, physical therapy, and surgeries. If your condition gets worse or you develop complications, those costs could become your responsibility. In some cases, future medical bills could exceed your entire settlement.

Ask your doctor for a written treatment plan outlining any care you might need down the road. This will help you and your lawyer decide whether keeping your medical benefits open makes more sense than accepting a settlement that closes them permanently.

What Do You Need To Know About The Money Before You Settle WC?

Before accepting a workers' compensation settlement, make sure you understand how much money you'll actually receive, not just the amount the insurance company offers.

Several factors can reduce your final payment:

• Attorney fees: In New York, attorneys generally receive 15% of the indemnity portion of your settlement, subject to approval.
• Unpaid child support: Any outstanding child support may be deducted.
• Social Security Disability Insurance (SSDI): Your settlement could affect your SSDI payments.
• Third-party lawsuits: Money recovered from a separate personal injury case could affect your workers' comp settlement.

Ask your lawyer for a written breakdown of your settlement so you know exactly what you'll take home before agreeing to anything.

Contact Us For Help With Your Workers' Compensation Case

If you're thinking about settling your workers' compensation case but aren't sure whether the offer is fair, I'm here to help.

I can review your settlement offer, answer your questions, and explain your options so you can make an informed decision.

Call me, Rex Zachofsky, for a free consultation. There's no pressure to settle. We can talk through your situation and figure out what makes the most sense for you.

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