Are you wondering if you can get a settlement for your work injury? This blog can help you understand the Virginia workers’ compensation settlement process & hopefully get a better idea of what you should do.
A “settlement” of your claim can mean different things. Some workers mistakenly think that when they get payment towards permanent partial disability (PPD), they have settled their claim, and it is all over. Not true. If you have a lifetime medical award or are on a wage award, your claim is still open.
In other situations, the insurance adjuster and/or case nurse may say they have “closed their file” and lead the injured worker to believe there is nothing they can do, and their case is over. This is WRONG! If you have an Award Order from the Virginia Workers’ Compensation Commission, your case is likely open unless YOU have agreed to a full and final settlement which has closed your claim regardless of what the insurance carrier says.
A full and final settlement usually is a situation where you receive an agreed upon amount of money in exchange for closing out your workers’ compensation claim. If it is a complete and full settlement of your medical award and wage award, your case is over after the settlement is final. In this case, you would no longer be eligible for ongoing medical or wage benefits from the insurance carrier even if you had a “Lifetime Medical Award.” However, even if the case is fully settled, the insurance carrier may still be responsible for medical bills incurred before the settlement, if they have not been paid before the settlement.
In some instances, just the “wage” part of the award is settled separately from a medical award. In this case, the injured worker would still be eligible for related medical benefits and expenses related thereto.
Most injured workers do not know how much compensation they should get for settling their claim. If they do not have an experienced, knowledgeable attorney helping them, they are at the mercy of the “good will” of the insurance carrier. No matter how nice the insurance adjuster may seem, you can rest assured they are not looking out for the interests of the injured worker. Their goal is to save money.
A fair settlement should consider the severity of the injury and future medical costs, the amount of wages the worker is eligible for and how long they might receive wage benefits, and other potential future costs for which the carrier might be responsible. Unfortunately, injured workers are not entitled to money for “pain and suffering” as they might be in a personal injury case. Personal injury settlements and workers’ compensation settlements are different and take into account different factors.
The statements contained herein are for general information purposes only and are not considered specific legal advice regarding your situation as Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information from you personally. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.
To learn more about the Law Office of Darren Shoen, or to speak with Darren Shoen by phone or in-person consultation, visit his website at shoenlaw.com, or call 540-586-5003.
