Should You Settle? The Bottom Line on Workers’ Comp Settlements

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Should You Settle?

Not sure if you should settle on Workers Comp Settlements? While working as an employee for any company, workers expect to feel safe and protected. They anticipate that their well-being will not be compromised but upheld by their employer. Unfortunately, accidents occur that undermine an employee’s welfare and can lead to injuries. 

Workers’ comp ensures that any harm endured by an employee is covered, as long it is work-related. A workers’ comp settlement or compensation is paid-out in a lump sum or in portions after the workers’ comp settlement process. This compensation aims to cover the costs of medical bills, treatment expenses, and other related expenses.

However, sometimes, the payment offered following the workers’ comp settlement process is not acceptable, as it does not adequately respond to the severity of the injuries sustained. It is important to note that acceptance of an unsuitable workers comp settlement following the workers comp settlements process is not obligatory. 

Let’s Begin.

What Happens After Your Workers’ Compensation Claim?

The purpose of a workman’s compensation claim is to make your employer and the state aware of harms sustained to you at work. Once they have been made aware, you are required to respond to the inquiries in a First Report of an Injury, Occupational Disease, or Death form. Then, you must submit it to the Ohio Bureau of Workers’ Compensation (BWC) before they move forward with the workers’ comp settlement process. 

After the bureau has received the form, you may wait two weeks or a month to know whether or not BWC approves your workman’s compensation claim. 

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Once submitted, BWC reviews your workman’s compensation claim. Before moving forward with the workers’ comp settlement process, they ensure that your workman’s compensation claim includes accurate information. They also check that all supporting medical documents and other corroborating details correspond with your injuries. If any inconsistencies exist with your workman’s compensation claim, you may receive a lower settlement than anticipated. Or, you may be denied altogether for your workman’s compensation claim. 

As BWC assesses your workman’s compensation claim, they have an objective. They aim to ensure that if an injury does exist, it did occur due to a work-related problem. Once the inquiry ends, and your workman’s compensation claim is approved, the workers comp settlements process follows. 

The Difference Between Workers Comp Settlements and an Offer 

For many, a settlement and an offer seem like interchangeable terms. However, although both suggest a conclusion or outcome to a claim, they propose different advantages. A settlement is a resolution to a dispute. This type of ruling is the usual method for solving a claim during the workers’ comp settlement process. 

It is generally presented in a large sum, or it is designed to be distributed over some time. The payout period is decided throughout the workers’ comp settlement process. Overall, a settlement is the ruling stating the compensation. That is what generally succeeds the workers’ comp settlement process. 

An offer is a proposal. It proposes a resolution, paired with terms and conditions that respond to the stated claim. It is not a final settlement, which typically occurs after the offer is accepted. Instead, it is the proposition, heading in the direction of a settlement.

Will workers’ comp offer me a settlement? It is possible. This is decided during the workers’ comp settlement process. In some instances, the agency will make an offer to you, based on your workman’s compensation claim and how severe they deem your injuries. They will suggest a settlement amount. 

Many individuals awaiting a response during the workers’ comp settlement process assume that an offer to settle has to be accepted. The amount of paperwork, many doctor visits, and lengthy wait periods during the workers’ comp settlement process can motivate you to accept a workers’ comp offer. But you don’t have to. 

If workers’ comp offers you a settlement, and it does not sufficiently compensate you for your injuries, recovery time, work-related challenges, and pain and suffering, you can decline and negotiate. 

When Should You File a Workers’ Comp Lawsuit?

Failure to receive an appropriate workers’ comp settlement, does not warrant a lawsuit against your employer. Workers’ comp provides a “no-fault” system, which implies that your employer, even if responsible for injuries, cannot be held accountable. Hence, filing a lawsuit against them for workers’ comp is not permitted. Remember, workers’ comp negates litigation against an employer for your injuries. Workers’ comp places emphasis on work-related injuries, and not the employer. 

On the contrary, a lawsuit can be filed against your employer but not specifically for workers’ comp. Instead, you must prove that your employer intentionally caused you harm, which led to your injuries. For example, they purposely did not repair broken machinery or equipment. Even so, deciding to pursue a lawsuit of this caliber has its disadvantages. It must be proven entirely that your employer had malicious intent. Overall, being successful with a case of this nature requires clear and definitive evidence to substantiate your claims. 

What Does the Workers Comp Settlements Process Look Like?

The workers’ comp settlements process is far more extensive than the initial workman’s compensation claim process. If BWC validates your workman’s compensation claim, you will receive a settlement offer. Once approved, it can take a while for a settlement for workman’s compensation claim to be offered. 

Typically, it can take 30 to 60 days for you to be presented with a resolution for your workers’ comp settlements. In some instances, it may take longer for the workers’ comp settlement to reach its end. 

Before accepting an offer, consider the extent of your injuries and the long-term effects, including the impact on your future and ongoing care. Determine the lowest possible amount you could accept to cover all of the damages you suffered. This figure will help you stay calm and rational when it comes to decision time. 

If you’re uncertain about the workers comp settlements process, an attorney specializing in workers’ comp will offer valuable advice. They can provide further insight on what an acceptable settlement for a workman’s compensation claim looks like and help guide you through the entire workers’ comp settlement process.


Quick Answers

What Happens After Your Workers’ Compensation Claim?

The purpose of a workman’s compensation claim is to make your employer and the state aware of harms sustained to you at work. Once they have been made aware, you are required to respond to the inquiries in a First Report of an Injury, Occupational Disease, or Death form. Then, you must submit it to the Ohio Bureau of Workers’ Compensation (BWC) before they move forward with the workers’ comp settlement process. 

When Should You File a Workers’ Comp Lawsuit?

Failure to receive an appropriate workers’ comp settlement, does not warrant a lawsuit against your employer. Workers’ comp provides a “no-fault” system, which implies that your employer, even if responsible for injuries, cannot be held accountable. Hence, filing a lawsuit against them for workers’ comp is not permitted. Remember, workers’ comp negates litigation against an employer for your injuries. Workers’ comp places emphasis on work-related injuries, and not the employer. 


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