Legal Question in Workers Comp in Virginia
settle claim:
Who and when is a claim settlement determined? do you have to return to work before a settlement can be considered?
2 Answers from Attorneys
Re: settle claim:
There are many factors to consider to determine the value of your case for settlement and the timing of settlement to get the most amount.What are your future medical costs going to be, will you ever return to work, etc.In general you can settle at any time for any amount as long as you and the insurance company agree. They cannot force you to settle and you can't force them to settle.You could try to do it on your own, but I think that it may be best for you to speak to a lawyer who can go over the details and decide if settlement is a good option for you and plan a good strategy to get the most amount possible. Attorney fees for settling claims are awarded by the Workers Compensation Commission and are usually 20% of the lump sum amount.
Re: settle claim:
As a Virginia Workers Compensation Attorney for 35 years, I can tell you that not every claim results in a settlement. If you recover 100% and return to work, then there is no settement. This is not like a Personal Injury case. If you have permanent injuries or a permanent need for medical expenses, the insurance company may decide to "settle" with you because they think this will be "cheaper" then paying you weekly compensation and medical expenses.
You should not enter into such a settlement without contacting an Experienced Virginia Workers Compensation Attorney. You can also review the information on my website at
www.virginiadisabilitylawyer.com
Jerry Lutkenhaus