In almost every worker’s compensation case, the injured party will be asked if they want to settle, sometimes also called a “clincher”. While it may be extremely tempting to agree to a settlement, there are many different factors which should be brought into consideration while this offer is on the table. Here at Collier, we want to make sure that you receive everything you deserve out of your worker’s compensation case. Here are some things to think about if you are offered to clincher your case.
One of the first considerations that should be made in regards to accepting a settlement on your worker’s compensation claim is where in the claim you are. For example, if you have just been injured it is almost never advisable to agree to settle. Injuries may take much longer to heal than expected and some never heal correctly at all. By accepting a settlement, you may very well give up any right to receive further payments if another symptom appears, as the case has already been legally closed. As worker’s compensation attorneys, we always suggest waiting until the end of your temporary disability payments to see where the injury is and if there is any permanent damage.
Another consideration to make is whether or not a settlement will disrupt other payments you are already receiving. This can mean Medicare payments, social security payments, or other private disability payments through another medical plan. In the state of North Carolina, a settlement on a worker’s compensation claim may very well affect these things and should always be taken into consideration.
Remember that almost every settlement for a compensation claim will be proposed by either an insurance company or an attorney for your employer. It is within their best interests to pay you as little money as possible, regardless of where in your healing you are or what you deserve. Unfortunately, not everyone will have your health and recovery in mind, especially when it comes to money. We always suggest that you take your time regarding disability payouts and seeing how well your injury heals. Sometimes things like this will start to look up before getting worse again. Always contact your own attorney, especially if a settlement has been proposed. Call Collier today for your free consultation and see what you should do with your payouts.