Shoulder Injury: Is It Smart to Settle a Workers' Comp Claim?
FIL Blog Writer
Shoulder Injury: Is It Smart to Settle a Workers' Comp Claim?
If you’ve injured your shoulder at work, navigating the world of workers’ compensation can feel like wrestling with an octopus — lots of unexpected twists and you're never quite sure which arm to grab first. Before you consider settling your workers' comp claim, there are crucial aspects to contemplate, and deciding hastily could leave you grappling with more than just physical pain.
Understanding Settlements
A settlement in a workers' compensation case means you agree to accept a sum of money in return for closing your case. This lump sum needs to cover all your current and future medical expenses and lost wages related to your shoulder injury. Sounds simple, right? Not so fast. The trick lies in ensuring the amount is adequate and truly compensates for the losses and expenses you'll face down the road.
When to Consider Settling
1. Maximum Medical Improvement (MMI): Settling before reaching MMI can be risky. MMI is the stage where your condition is stable and no further improvement is expected, even with additional medical treatment. If you settle before reaching MMI, you might underestimate the compensation needed for future treatments or complications.
2. Long-term Impact: Consider how the shoulder injury could affect your future work capacity and quality of life. For instance, a rotator cuff injury might make it challenging to perform physical tasks or even desk jobs that require repetitive arm movements. If your future working ability is compromised, it’s crucial to ensure the settlement reflects that loss.
3. Medical Expenses: Have a clear picture of ongoing and future medical needs. This could include surgeries, physical therapy, or even modifications to your home. If your settlement doesn't account for these, you could be paying out of pocket once the deal is sealed.
Negotiating the Settlement
Don’t go it alone. Arm yourself with a knowledgeable workers' comp attorney who can help you understand the true value of your claim. An experienced lawyer can negotiate on your behalf and engage with medical experts to forecast potential future medical issues and costs. Remember, once you settle, the case is closed—you cannot go back and ask for more money if complications arise.
The Pros of Settling
Settling can offer immediate financial relief and peace of mind. It eliminates the uncertainty of prolonged legal proceedings and the possibility of receiving less favorable terms later on. If your medical prognosis is clear and you’ve reached MMI, settling could indeed be a wise move.
The Cons of Settling
The flip side is the risk of underestimating your needs, especially if you settle before reaching MMI. There’s also a psychological aspect to consider; wrapping up a claim might bring a sense of closure, but are you mentally prepared to move on? Sometimes, the ongoing process keeps you engaged and vigilant about your health and rights.
Final Thoughts
Deciding whether to settle a workers’ comp claim after a shoulder injury involves a mix of legal, financial, and personal considerations. It’s not just about the numbers; it’s about ensuring a secure future for yourself and your family. So, before you sign on the dotted line, make sure you've wrestled all those metaphorical octopus arms into submission and are confident that the settlement covers every angle of your life affected by the injury. Like any good match, the end of a workers' comp case should leave you feeling like you’ve come out on top.
Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.
