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Should I Settle My Workers’ Compensation Claim in Florida?


The workers’ compensation claim process can be tedious and often time-consuming. Some injured workers believe it is in their best interest to settle their workers’ compensation claims instead of going through the hearing process. This article will provide some information to help you decide whether or not you should attempt to settle your workers’ compensation claim outside of court  You should always make that decision with the advice of a qualified attorney.

Why should I consider settling my workers’ compensation claim?

At some point after bringing a workers’ compensation claim, you may be tempted to accept a settlement offer. There may be some potential advantages to settling, which includes the following:

  1. Settling removes the need for a hearing. One of the biggest advantages to settling a workers’ compensation claim is that a settlement removes the uncertainty that comes with a hearing. This is especially true if the nature, extent, or cause of your injuries is in question.
  2. You can receive prompt payment. If you agree to a settlement award, you will typically receive one lump-sum payment instead of the weekly payments you would be entitled to under the workers’ compensation claim process. This could be particularly helpful if you need compensation for medical treatment for your injuries right away.
  3. The insurance company may pay for future expenses. You can request in the terms of the settlement that the insurance company pay for a portion of any future medical treatment you might need. If for whatever reason you do not end up needing the money for that specific purpose, the money is still yours to keep as part of the settlement.
  4. You may obtain peace of mind. Settling the claim could bring you an overall peace of mind by saving you a lot of time and energy.

What else should I know before deciding to settle?

Before you decide whether or not to settle, there are some considerations you should make:

  1. If you choose to settle your case, you will also waive your right to a workers’ compensation hearing in the future. This means that if you are dissatisfied with the amount of your settlement, you will not be able to later reopen the case and take it to court. Once you sign the settlement contract, the terms of the settlement are final and binding.
  2. If, as part of the terms of your settlement, you waive your medical rights, you cannot later reopen your case in order to get future medical treatment covered.
  3. Many settlement contracts include a waiver of your right to reopen your case if your condition worsens. As such, if you waive this right in your settlement agreement, this means that you cannot reopen the case, regardless of how much your condition worsens.

Are You Unsure About Whether You Should Settle Your Workers’ Compensation Case? Speak to a Fort Lauderdale Personal Injury Attorney.

If you are having a difficult time deciding whether you should settle your workers’ compensation claim, our firm can help. The experienced Fort Lauderdale personal injury attorneys at Rosen Injury Law, P.A. will explain the potential advantages and disadvantages of settling your claim and will answer any questions you have about the process. Contact us today to schedule an initial consultation appointment with our office.

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