Other Free Encyclopedias » Online Encyclopedia » Encyclopedia - Featured Articles » Featured Articles: Melissa And Doug Puzzle - What Are Melissa and Doug Puzzles? to Panasonic Mini Dv Camcorders - Panasonic Mini DV Camcorder Great Choice for Pro or Amateur

Workers Comp Settlement - Negotiating a Workers Comp Settlement

doctor commutation employer future

In the unfortunate event that you ever become injured while performing the regular functions of your job, there are avenues that you can take so you can be justly compensated for your medical expenses and the loss wages from not being able to work. In some instances, you may also be found eligible for further damages should your life be adversely affected in any long-term or permanent way.

When the injury occurs, it should immediately be reported to your supervisor. There should be a standard incident form to fill out, detailing exactly when and where the incident occurred and what happened. If there is no form, you will want to write out a statement with these details, sign and date it, make a copy, and give one to your supervisor.

Depending on the severity of the incident, you may have already seen a doctor. This should go in the report. If you have not visited a doctor, you should go immediately. You may have a company doctor that you are ordered to see, but you always retain the option of visiting a doctor of your choice. It is always a good idea to have a doctor on your side that is not directly hired by your employer. The doctor will diagnose and treat your injury. He or she will also make a prognosis as to your expected recovery time. You should be able to use this information to obtain an estimate of the total medical costs.

Your employer should offer you a minimum payment that covers your lost time at work and your medical expenses. Most employers will take several factors into account that make up what is called a vocational assessment. This assessment includes permanent injury, physical restrictions, age, education, experience in your present occupation, and your potential future earnings. If the settlement you are given by your employer is not acceptable to you, you may want to hire an attorney who specializes in workers comp settlement cases.

If you hire an attorney to dispute the settlement you will have to go to court so a judge can decide on a fair settlement amount. Your workers comp settlement will come in one of six forms:

1. Agreement to Settle – This is when both you and your employer work out a direct settlement that is agreeable to both parties. The specifics of the settlement are then sent to the Workers’ Compensation Commissioner. Upon approval, the settlement goes into effect and disbursement is immediately made.

2. Compromised Settlement – This is when the initial settlement is not accepted by one of the parties. Further negotiations may result in a compromise that meets somewhere between what was offered by your employer and what is demanded by you or your lawyer.

3. Contingency Settlement – A contingency settlement is when the settlement cannot go into full effect until after a specific event occurs. Contingent settlements may occur when an expected medical event must be confirmed or when the settlement must be approved by Medicare.

4. Combination Settlement – This type of workers comp settlement occurs when both you and your employer agree to some terms of the settlement, but one of the parties disagrees with other terms. The terms in question must be further negotiated until a compromise is reached.

5. Full Commutation – Commutations are a type of lump sum payment for future benefits. A full commutation is a lump-sum payment of all future benefits. The execution of a full commutation relieves you of any further rights in negotiating additional future benefits.

6. Partial Commutation – A partial commutation is a lump-sum payment for only a portion of your future benefits. The execution of a partial commutation means that you are still eligible for future benefits, including disability payments.

Netgear 24 Port Switch - The Netgear 24 Port Switch Is A Perfect Solution For Small To Mid Sized LANS [next] [back] Translation From Spanish To English - Need Translation from Spanish to English? - Where to Find Spanish English Online Translation

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or