The Keys to a Successful Workers Compensation Settlement

Let’s talk settlements! When it comes to Workers Compensation settlements, having an experienced workers compensation lawyer is essential. In 2017, Tom Ford Law was involved in one of the largest settlements in the history of Rhode Island’s Workers Compensation Court for $1.75 million. Settlements come in two different types.

The $1.75 million settlement was what is known as a “commutation.” In a commutation, the case has been accepted and the employee has been collecting benefits for more than six months. If the case is disputed or contested, the settlement is a “denial and dismissal.”

An essential key to collecting such a large settlement is properly categorizing the employee’s injuries as either partial or total disability. This is accomplished by accurately describing the nature of the injuries and also the severity of the injuries suffered by the employee. Having an experienced workers compensation attorney who knows the essential elements to preserving the value of an injured employees case can make the difference in the outcome of a settlement.

Most employees can only collect benefits for six years. However, there are exceptions to this rule. An experienced workers compensation lawyer will know how to handle a case to enable the injured employee to collect benefits for the maximum allowed by law. At Tom Ford Law, consultations and case evaluations are always free. A normally 20% attorney fee will be requested from the settlement. Also, settlements are tax-free.

Just because an employer pays the employee worker compensation, does not mean the insurance carrier has legally accept a claim. If an insurance carrier sends a document known as a Non-Prejudicial Agreement, it is imperative to contact an attorney immediately.

Workers Compensation’s purpose is to protect the employed and their families against the hardships that can occur due to injury, illness or death in the workplace. It also protects an employer against legal action with a pre-determined limited liability. However, even with these protections in place, the Workers Compensation Court still sees many cases every year. Make sure you are represented fairly by contacting Tom Ford Law today for a free case evaluation.