Category: Workers’ Compensation

Should I Take the First Workers’ Comp Settlement?

Personal Injury, Workers’ Compensation

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Should I Take the First Workers’ Comp Settlement?

Workers’ compensation settlements provide financial relief after workplace injuries, but the first offer is rarely the best. Insurance companies prioritize their interests, often proposing lower settlements to close claims quickly. Accepting too soon may leave you without enough compensation for medical bills, lost wages, and long-term recovery. Knowing how settlements work, carefully reviewing the offer, and understanding when to negotiate can help you secure the right amount. Accepting may be reasonable if your injuries are minor and the settlement fully covers expenses. Otherwise, consulting a workers’ comp attorney can help protect your rights and financial future. More about our Wilkes-Barre workers’ comp lawyer here. 

Should You Accept the First Workers’ Comp Settlement?

Most workers should not accept the first settlement offer without thorough evaluation. 

Insurance companies typically offer low initial settlements to minimize payouts. These offers may not fully account for future medical expenses, lost wages, or permanent disability. Accepting too soon means you waive the right to request additional compensation later, even if your condition worsens.

However, there are exceptions. It may be acceptable if your injuries are minor and fully healed, and the offer covers all expenses—including medical bills and lost wages. In such cases, settling quickly allows you to move on without prolonged legal battles.

Ongoing Benefits vs. Settlement

A settlement ends your ability to seek additional benefits later, whereas ongoing workers’ comp payments may continue covering medical expenses and wage loss for longer.

Before accepting a settlement, review whether it covers all current and future costs. If not, it is smarter to reject the first offer and negotiate a better deal.

Why Is The First Settlement Offer Usually Low?

Insurance companies minimize payouts by offering low initial settlements. They prefer quick closures to avoid long-term payments. Many workers lack legal knowledge, making them more likely to accept offers without negotiation.

What the First Offer Might Not Cover?

The first settlement often excludes future medical expenses, including surgeries and rehabilitation. It may fail to account for lost earning potential if injuries affect long-term workability. Workers’ comp also does not cover pain and suffering, leaving injured workers without compensation for emotional distress.

Tactics Insurers Use to Get You to Settle

Insurers pressure workers to accept offers quickly, making them feel they have no choice. Delayed payments create financial stress, pushing workers to settle early. They may also downplay injury severity, convincing employees they need less compensation than they do.

Key Factors to Consider Before Accepting 

Evaluating these factors ensures your settlement covers all necessary expenses and future financial needs.

  • Severity of Injury: If your injury requires ongoing treatment, a quick settlement could leave you short on funds. Permanent disabilities often require higher compensation.
  • Lost Wages & Future Earnings: The settlement should account for lost income if you can’t return to work. A low settlement can fail to support you long-term.
  • Medical Treatment Coverage: Will the settlement cover all medical bills? Some injuries worsen over time, requiring additional surgeries or therapy. Accepting a low offer may force you to pay future medical costs out of pocket.
  • Legal Rights & State Laws: Workers’ comp laws vary by state. A lawyer ensures compliance with state-specific regulations. Once accepted, a settlement cannot be changed later.

When Negotiating for Workers Comp Settlement Makes Sense?

Negotiation is necessary when the first offer does not reflect the actual cost of your injury and financial losses.

Signs the First Offer is Too Low

  • It does not cover future medical expenses.
  • The wage loss calculation is incorrect.
  • The insurer downplays your injury severity.

Steps to Strengthen Your Case

Medical records from your doctor confirm long-term injury effects. Expert testimony from medical or financial professionals supports higher compensation claims. Legal representation ensures fair negotiations and increases settlement amounts. Workers with legal support often secure better compensation than those who accept the first offer.

Risks of Accepting Workers Comp Settlement Too Soon

Once you sign a settlement, you cannot request additional funds later. Any future medical expenses must come from your pocket, leaving you without support for ongoing treatment.

  • No Second Chance for More Compensation – After signing, you lose the ability to seek additional financial support.
  • Underestimating Long-Term Costs – Some injuries worsen over time, leading to unexpected expenses. If the settlement does not cover future needs, you may run out of money quickly.
  • Financial Instability – A low settlement may force you to rely on personal savings. Unexpected medical bills could lead to debt or economic hardship.

When Accepting the First Offer Might Be a Good Idea?

  • Your injuries are minor and fully healed.
  • The settlement covers all medical expenses and lost wages.
  • You do not need ongoing medical treatment.
  • The offer matches your attorney’s estimated case value.

If the insurer presents a fair deal and legal professionals confirm it, settling early saves time and stress. However, always verify that the amount meets your financial needs before signing any agreement.

Understanding the First Workers’ Comp Settlement 

A first workers’ comp settlement may seem appealing, but it’s often too low to cover long-term medical expenses and lost wages. Once accepted, you cannot renegotiate or request more compensation. Insurance companies prioritize quick settlements, aiming to minimize payouts. Evaluating your injury’s long-term effects, consulting a legal expert, and comparing offers help secure a fair deal. Rushing into a settlement can leave you struggling financially. Carefully assess all factors before signing any agreement to avoid future financial strain.

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Workers’ Compensation in Virginia

Workers’ Compensation

HAVE YOU BEEN INJURED AT WORK?
Injuries frequently occur in the workplace. Serious injuries can cause life changing effects that will directly influence your ability to live comfortably or work. They can be frightening and put financial strain on you and your family. Personal injuries that hinder your ability to work consistently make it difficult to pay necessary expenses or medical bills. If you have been injured at work, you may be eligible to receive workers compensation. You may also have an independent claim against a third party for your injuries. Workers compensation can be a necessity to those who are injured at work.

The compensation may be able to cover the following expenses:

Lost wages
Medical bills
Permanent disability
Death benefits
Rehabilitation
The stress personal injuries places on individuals and families can be alleviated with a proper workers’ compensation claim. Our law firm was established in 1923 and we understand what you are going through. The years of experience we have, over 120 years combined, provides us with knowledgeable insight into the Virginia legal system. We have won our clients millions of dollars throughout our years in practice, and we can help you too.

ABOUT THE VIRGINIA WORKERS’ COMP PROCESS
If you have been injured while on the job, the first thing you should do is to report the incident to your employer immediately. After the incident has been reported, you should file a claim with the Virginia Workers’ Compensation Commission. You only have two years in which to file this claim following the accident or discovery of the occupational disease, so it is vastly important that you move quickly. The statute of limitations also states that workers only have five years from their last work-related exposure to file a claim regarding an occupational disease. According to the Commission, employees who have sustained an injury by accident or have suffered from an occupational disease are covered by workers’ comp.

To qualify, the accident must meet three separate elements:

Accident occurred at work or during a work-related function;
Accident was caused by a work-related activity; and
Accident happened suddenly at a specific time (not gradually)
On the other hand, occupational diseases must only meet two elements:

Disease was caused by work; and
Disease does not affect back, neck or spine
If the above elements are satisfied, the employee can file a claim for the benefits owed under the Virginia Workers’ Compensation Act. These benefits include wage replacement, lifetime medical benefits, permanent partial impairment, permanent and total disability, death benefits, cost of living increase and vocational rehabilitation. If the initial claim is denied by the employer, it does not mean that you are out of luck. Instead, it simply means that it will not be voluntarily paid. In these circumstances, you will be able to submit a written request for a hearing to the Commission; at this hearing, you will be able to provide testimony, evidence and reports to prove that you have an injury or illness which qualifies under the Act.

PURSUING A WORKERS’ COMPENSATION CLAIM
Filing for workers compensation can be intimidating. The large amounts of paperwork along with proper procedure can be time consuming and confusing. Our goal is to pursue the workers’ compensation benefits you are due, and make this process as easy as possible. The statutes concerning workers’ compensation can be difficult to comprehend, but we are here to help. Our firm, Howard, Morrison, Ross and Whelan is committed to providing with experienced legal counsel that is committed to the highest quality legal support for those injured on the job, either in filing the initial claim, or in an appeal when you have not received adequate compensation or have been denied. Call our firm today to learn more about how we can help.a