If you are injured on the job or fall ill and are left with a lasting impairment, you may be eligible for disability benefits in the state of Massachusetts. The law requires every employer to have workers’ compensation insurance, to assist in instances when employees are sick or are injured, unable to work due to a disability or are partially impaired by a disability, due to the work accident or occurrence. You can choose to file a worker’s compensation claim and file for benefits or you may choose to negotiate a settlement with the insurance company.
A settlement can be negotiated that will provide you with a lump sum instead of receiving continual weekly benefit payments. A settlement can include money for future medical care as well as any overdue temporary benefits or medical expense reimbursements. To negotiate a good settlement, it would be a good idea to have an experienced workers compensation attorney working with you.
How Much Compensation Will I Receive
The amount you are able to receive will be dependent on several factors. An attorney will be able to assist you in configuring an appropriate number. Your previous salary will need to be considered as well as any medical expenses, future care, etc. If you are permanently disabled, then you will need to be cared for over an extended period of time. All of these factors and more must be evaluated to come up with the right number for your claim.
Your attorney will then present the negotiations to the insurance company’s attorneys and the process will begin. It is not uncommon for discussions to go back and forth for quite some time before both parties can agree on a compensation amount.
Pros of Accepting a Settlement
There are several pros to accepting a settlement instead of opting for regular payments. Going to trial could end up with the judge making the decision that you need less money than what was offered by the insurance company. A hearing can also take a long period of time, so you avoid this difficult and time-consuming process. You can also earn future benefits for expected medical needs, yet you may not need the procedures after all. This provides you with extra benefits in the future.
Cons of a Settlement
Just as a settlement has pros, there are also cons. There are potential hazards for accepting a settlement with the insurance company. Receiving a lump sum can tempt you to spend the money right away when a weekly benefits payment would serve you better long term. If you need an expensive surgery down the road or other high-cost medical needs, then you may end up without the money you need to pay for it. You may also be at risk for reducing any other types of benefits you could receive in the future.
Overall, it is essential that you work with an experienced worker comp lawyer in Massachusetts to ensure your rights are upheld and you receive the compensation you deserve. Contact our office today to have your case reviewed and receive the help you need for your settlement or benefit claims.