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Options to Resolve an Injured
Worker's Claim
There are several
options to resolve an injured
worker’s claim. Careful
consideration with competent
counsel is a vital step before
any final resolution is
approached. The Work Injury Law
Center has thousands of
settlements successfully
resolved and this depth of
experience helps guide each
client to a thoughtful,
productive and appropriate
outcome for their individual
situation.
A.
There are two ways to achieve
SETTLEMENT in workers’
compensation claims:
1. Compromise and Release
When an injured worker resolves
a claim by Compromise and
Release agreement, the injured
worker is entitled to receive
the net proceeds of the
settlement in cash by a single
payment. This lump sum is
achieved through negotiations
between the parties’ legal
representatives. The lump sum
generally includes: the value of
any permanent disability
indemnity that is outstanding as
of the date of the settlement;
any remaining outstanding
temporary disability due;
agreed-upon amounts that
compensate the injured worker
for giving up rights to other
benefits (for example future
medical care, the right to
reopen the case for increased
disability, any vocational
benefits that may apply,
penalties and interest due,
etc.).
2. Stipulations with Request for Award
When parties resolve a claim by
Stipulations with Request for
Award (Stipulations), the
parties agree to the percentage
of permanent disability that the
injured worker has suffered
(based on medical evidence)
which equates to a specified
amount of permanent disability
indemnity due the injured worker
in weekly amounts (no lump sum).
An important component of this
type of settlement is the
qualified right to continuing
treatment. Also, the injured
worker keeps the right to reopen
the case for new and further
disability within a specified
time period, and subject to
additional supporting medical
evidence (preserving these
rights can be extremely
valuable!).
All settlements, whether by
Compromise and Release or by
Stipulations, must be reviewed
for adequacy and approved by the
Workers’ Compensation Judge. All
attorneys fees must also be
reviewed and approved by the
Judge. There are advantages to
settlement, including getting
rid of the further delays and
the potential hazards of
litigation. Additionally,
settlement eliminates the risk
of an unfavorable ruling if the
case is tried to a Workers’
Compensation Judge. Settlements
result in efficient closure of
the litigated case. However,
there are obviously many
components to consider and
negotiate when settling an
injured worker’s claim. The Work
Injury Law Center, with its
experienced and specialized
training in workers’
compensation issues, is skilled
at assisting injured workers to
choose the best settlement for
each client’s needs. In
conjunction with client
assistance, the attorney
negotiates each claim to a
settlement or tries the case to
a judge. Mr. Bloom has thirty
years experience doing just
that!
B. The
need for a TRIAL in some cases:
There are various types of
hearings depending on the issue
disputed between the parties. A
trial (regular hearing) is held
when the disputed issues in the
injured workers’ case (permanent
disability, need for future
medical care, etc.) can only be
resolved by a Workers’
Compensation Judge. The Judge
“hears” testimony from the
parties and their witnesses,
admits evidence and issues a
decision. The decisions made by
the Workers’ Compensation Judge
are called “Findings and Awards”
and results in Orders.
When a claim moves to trial,
attorney John Bloom and his
staff work up the case in a
thorough and timely manner. The
advocacy at the trial level by
Mr. Bloom is well documented by
evidence gathered in the
preparation phase of the case.
The results achieved by Mr.
Bloom on behalf of his clients
have been predictably solid and
productive of the highest
outcome achievable, one client
at a time! Over the past thirty
years, the outcome of Mr.
Blooms’ clients’ cases have
grown to impressive recoveries
for each client. |
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