Settlement in a workers’ compensation case is accomplished when both sides can agree on the claimant’s permanent disability. If both sides can agree based on doctors’ reports that the employee should be awarded a certain percentage of disability for his or her injury, settlement paperwork would be prepared and presented to the presiding judge.
It is the judge’s duty to decide whether a settlement offer for an injured worker is fair, reasonable, and just. A diligent lawyer from our firm can help you understand what rights you might be waiving as well as what benefits you may be gaining by settling a workers’ compensation claim in Camden County.
Employee Rights When Settling
Workers’ compensation cases in Camden County are often resolved by settling, and settlement discussions are relatively frequent throughout the claims process. An injured employee should consider accepting a settlement offer if it is fair and properly compensates him or her. If the worker does not want to accept the settlement offer, he or she has the right to ask for a trial, and the judge will decide what benefits might be owed.
If lawyers are negotiating a workers’ compensation case and propose a settlement for 25 percent partial total disability, the injured employee may decline the offer if he or she feels that it is not enough. If the offer is declined, there may be a trial in workers’ comp court where all the evidence would be presented – including testimony from medical experts and witnesses. The judge would decide at the conclusion of the trial what percentage of partial total disability the injured worker is entitled to.
For a free legal consultation, call (856) 528-4494
Important Terms to Include in a Settlement
If an injured employee wishes to settle his or her case, he or she should ensure that the opposing party’s offer adheres to applicable laws and includes the agreed upon amount or percentage of permanent partial total disability. The law mandates that when an injured worker settles a workers’ compensation claim in Camden County, he or she is entitled to the amount of money associated with his or her percentage of disability.
Additionally, he or she would retain the right to re-open the claim up to two years after he or she receives the final payment. By the time a settlement is being discussed, there should be no outstanding issues other than how much money the injured worker will receive.
Payments Based on Disability Percentage
The payments an injured employee receives from a workers’ comp claim are based on his or her percentage of partial total disability and are calculated using the claimant’s permanency rating. For example, if an employee is determined to have 20 percent permanent partial total disability, that percentage would represent a certain amount of monetary benefits according to the schedule of disability outlined in workers’ compensation law.
Click to contact our personal injury lawyers today
Let an Attorney Assist with Settling a Workers’ Compensation Claim in Camden County
When handling a settlement with local business owners, an injured employee should have an experienced lawyer on their side who possesses expert knowledge of applicable laws as well as how the workers’ comp system operates. Settling a workers’ compensation claim in Camden County can be made easier with the help of a well-versed attorney from our legal team, so call today to learn more.
Call or text (856) 528-4494 or complete a Free Case Evaluation form