Sometimes, workers’ compensation is easily resolved. However, there are instances where the process is difficult, and you may not recognize a good offer. It can be tempting to accept your offer to end the process; however, your future self will thank you for exploring your options.
Before accepting, our experienced Atlanta workers’ compensation lawyers offer guidance to help you determine if your settlement is fair and if there are alternative solutions. Call John Foy & Associates for an honest assessment of your situation.
We’ll alert you of any drawbacks to accepting the first workers’ compensation settlement offer and what you can do instead.
Do I Have to Accept the First Workers’ Compensation Offer?
After filing a workers’ compensation claim, your employer or the insurance company might make you think the first offer is as good as it gets. However, the truth is that you have no obligation to accept it.
It’s your decision how you want to proceed, and you do not have to accept the first offer. In fact, you shouldn’t always take the first workers’ compensation offer because you might be able to get a better one. At the very least, you should talk to a workers’ compensation lawyer about your situation and what you can do.
Factors to Consider Regarding Your First Offer
When you file your claim, the insurance company may immediately offer you a payment plan or lump sum of money. This will likely be tempting, especially if you were seriously injured and worried about mounting medical expenses and other costs. Plus, you may be eager to end the whole thing and begin moving on with your life.
However, remember that it’s your right to seek fair compensation benefits after a work injury. How your case goes will determine how much money you receive to cover your expenses. Future expenses can cause a lot of further stress, so you will want to ensure your compensation settlement helps alleviate those stressors as much as possible.
The National Safety Council (NSC) reports that the average lump sum settlement for workers’ compensation benefits is estimated at around $41,000 but varies based on accident type. It’s best to work with a workers’ compensation lawyer who can help calculate a fair settlement in your case based on the following:
The Severity of Your Work-Related Injury
If your injuries were less serious and you are sure your medical treatment will be short-lived, you might be okay accepting a lower settlement that covers your immediate costs.
However, many workplace injuries can lead to temporary or permanent disabilities that will continue to impact your life. In this case, it’s far better to negotiate a higher settlement to protect yourself in the long term.
You and your lawyer should also review Georgia workers’ compensation schedules for disabilities and compare those to your treatment needs.
Assessing the Impact of Your Injuries and Choosing the Right Settlement
You will need to consider just how much your injuries will affect you in the future. If you are expected to fully heal and return to work as you did before, you might be safe accepting a first offer or a lump sum settlement.
On the other hand, if your condition’s treatment timeline is more uncertain or will greatly affect how you can work in the future, you will need to consider the full spectrum of monetary needs going forward. Very serious injuries, such as limb loss, will impact your earning potential, so accepting the first offer is unwise.
A workers’ compensation attorney can help you figure out how much settlement you’ll need to cover the full extent of your injuries. They can also help ensure you see the right doctors and get their conclusion on your prognosis.
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What Are My Options if I don’t Accept the First Offer?
When deciding whether to accept the first workers’ compensation offer you receive, you should also consider your options if you do not accept it.
You’ll want to look at how close the first workers’ compensation offer is to the settlement you deserve. A workers’ compensation lawyer can help you look at your current and future costs, then compare them to what you’re being offered. If the difference is significant, your best option is to fight for a higher settlement agreement.
Plus, to settle a comp claim through negotiations, both sides (you and your lawyer and the insurance company) must be willing to negotiate. You’ll need to discuss the pros and cons with your lawyer, then work on negotiating with the insurance adjuster to try and find a settlement amount that both sides will accept.
If you can reach an amount that is fair to you and it’s accepted by the State Board of Workers’ Compensation (SBWC), you’ll receive your structured settlement.
What Common Mistakes Should I Avoid to Increase My Chances of Receiving a Larger Lump Sum Payment?
Overall, your decision on how to proceed with accepting the first workers’ compensation offer is yours. However, if you plan on entering settlement negotiations, you should avoid the following pitfalls that are commonly made:
Failing to Provide Sufficient Evidence
To negotiate for a higher settlement, you’ll need to provide sufficient evidence to support your claim. This may include thorough medical treatment documentation such as surgeries, prescription costs, medical equipment expenses, and more.
Your workers’ comp settlement offer may also be increased if you submit numerous witness testimonies from coworkers, family members, or acquaintances who saw the effects of the injury. Failing to provide this evidence could weaken your negotiating position.
Not Negotiating in “Good Faith”
When seeking a higher compensation award, establishing trust and credibility with the insurance company can greatly improve your chances of receiving a favorable workers comp settlement offer.
For instance, if your workplace accident has aggravated a pre-existing condition or created any work restrictions, or additional compensation is needed for physical therapy, be transparent during the negotiation process.
Failing to Secure Legal Counsel
An experienced attorney specializing in workers’ compensation law is crucial to ensuring a fair comp claim process. Navigating the legal intricacies of these cases can be complex and overwhelming for an individual dealing with injuries and their consequences.
The workers’ comp settlement process can be arduous if you are also attending physical therapy, dealing with pain, or trying to make ends meet. During such trying times, the last thing you need is the additional stress of handling a legal case.
A reputable lawyer provides you with valuable legal advice and handles all the paperwork, negotiation, and legal complexities. Their knowledge and experience can greatly increase your chances of receiving the compensation you deserve.
In addition, an attorney can facilitate productive and positive settlement discussions that prioritize your needs and welfare. They are well-versed in tactics insurance companies use to downplay the extent of your injuries or discredit your claims and will fight tirelessly to ensure your rights are protected.
Securing legal counsel can significantly ease the workers’ compensation process burden, allowing you to focus on what matters most: your recovery.
Talk to a Workers’ Compensation Lawyer for Free Today
Each worker’s compensation is unique, and discussing your options with a lawyer is best. Don’t be tempted to accept the first offer until you’ve spoken to a workers’ comp attorney who can help.
The Georgia workers’ compensation lawyers at John Foy & Associates can help you seek a settlement that matches the extent your injuries have impacted your life. We have been helping injured workers for over 20 years and know what it takes to win cases.
Call us today or contact us online to get matched with the best lawyer for you and schedule a FREE consultation.
404-400-4000 or complete a Free Case Evaluation form
