When an employee is injured on the job, they have the legal right to pursue workers’ compensation benefits. These benefits are designed to help injured workers recover financially from medical costs and lost wages. However, the process of obtaining these benefits can be complicated, and many workers wonder, “Will workers’ comp offer me a settlement?”
At E&L, LLP, we understand the challenges of navigating the workers’ compensation system. Our experienced attorneys are here to guide you through the process, ensuring that you receive the benefits and settlement you deserve.
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(213) 213-0000
Understanding Workers’ Compensation Claims
Workplace injuries are common across industries. While some accidents are unavoidable, many can be prevented. In 2019 alone, the U.S. Bureau of Labor Statistics reported more than 2.8 million workplace injuries and illnesses in private-sector businesses, costing American employers billions of dollars annually.
Nearly every state requires employers to provide workers’ compensation insurance, a no-fault system designed to protect workers from financial hardships after an on-the-job injury or illness. Workers’ comp typically covers:
- Medical expenses (current and future)
- Lost wages for missed workdays
- Disability benefits (short-term or permanent)
If you’ve been injured, securing these benefits can be challenging without professional legal assistance.
Steps to Take After a Workplace Accident
To improve your chances of receiving workers’ compensation benefits or a settlement, follow these critical steps:
- Report Your Injury Immediately
Notify your employer as soon as possible after the accident. Delays in reporting may jeopardize your claim, as many states impose strict deadlines.
- Seek Medical Treatment
Prompt medical attention is essential for both your health and your claim. Depending on your state and employer, you may be required to visit an approved medical provider. For emergencies, visit the nearest hospital and inform them your injury is work-related.
- Complete the Necessary Paperwork
Your employer will provide forms to file your workers’ compensation claim. Ensure all details about your injury and the accident are accurate.
- Consult a Workers’ Compensation Attorney
Filing a claim can be overwhelming, especially when dealing with an employer or insurance company. A workers’ comp attorney ensures that your claim is handled correctly, helping you avoid common pitfalls and maximizing your benefits.
CALL OUR ATTORNEYS FOR A FREE NO-OBLIGATION CONSULTATION
(213) 213-0000
Will Workers’ Comp Offer Me a Settlement?
After filing your claim, the insurance company will investigate your case. They will review:
- Medical records
- Accident reports
- Witness statements
If Your Claim Is Approved
You will begin receiving benefits, including coverage for medical expenses and a portion of your lost wages. For temporary disabilities, workers typically receive two-thirds of their regular pay through “temporary total disability benefits.”
If Your Claim Is Denied
Insurance companies may deny claims for various reasons, such as:
- Alleging the injury didn’t occur on the job
- Claiming the injury was self-inflicted
- Attributing the injury to a pre-existing condition
If your claim is denied, you have the right to appeal. Working with an experienced workers’ compensation attorney significantly increases your chances of a successful appeal.
How Workers’ Compensation Settlements Are Reached
In some cases, workers’ compensation benefits are paid weekly. However, injured workers may negotiate a lump sum settlement instead. Before agreeing to a settlement, it’s crucial to:
- Calculate the Full Value of Your Claim
This includes:- Current and future medical expenses
- Lost wages
- Disability benefits
- Legal fees
- Understand the Risks
Settling your claim may prevent you from seeking additional benefits if your condition worsens. Speak with a skilled attorney to ensure the settlement covers all your future needs. - Negotiate with the Insurance Company
An experienced workers’ compensation attorney will negotiate on your behalf to secure the best possible settlement. Insurance companies often try to minimize payouts, so having legal representation is crucial.
CALL OUR ATTORNEYS FOR A FREE NO-OBLIGATION CONSULTATION
(213) 213-0000
Frequently Asked Questions
- Can I File a Lawsuit for My Workplace Injury?
Workers’ comp generally prohibits employees from suing their employer. However, if a third party contributed to your injury—such as a negligent contractor or equipment manufacturer—you may be able to file a personal injury lawsuit.
- What If My Employer Retaliates Against Me?
Retaliation, such as demotion or termination, for filing a workers’ comp claim is illegal. If you experience retaliation, consult with an attorney immediately to protect your rights.
- How Long Does It Take to Receive a Settlement?
The timeline varies. While some cases settle in weeks, others take months, especially if they involve appeals or court hearings.
How Can a Workers’ Compensation Attorney Help?
At E&L, LLP, our attorneys will:
- File and manage your claim, ensuring all deadlines are met
- Gather evidence to strengthen your case
- Negotiate with the insurance company for a fair settlement
- Represent you during appeals or court hearings
- Pursue third-party lawsuits if applicable
We work on a contingency fee basis, meaning you don’t pay unless we win your case.
Contact E&L, LLP for Help with Your Workers’ Comp Claim
The process of securing a workers’ compensation settlement can be daunting, but you don’t have to navigate it alone. At E&L, LLP, we fight tirelessly to secure the benefits and compensation our clients deserve.
CALL OUR ATTORNEYS FOR A FREE NO-OBLIGATION CONSULTATION
(213) 213-0000
WE DO NOT GET PAID UNTIL YOU GET PAID. THAT IS OUR GUARANTEE.