How is a workers' compensation claim settled after sustaining a permanent work injury?

When a work injury is severe enough to keep the employee from performing his or her job duties, weekly compensation may be available. Mostly any type of injury qualifies, as long as it occurred during the scope of work and prevents or limits the individual's ability to perform job duties.

Injuries that aren’t covered by workers' compensation include those that arise out of the normal breakdown of body tissues, such as those that occur through aging. Or, if the injury or illness was pre-existing, it wouldn’t be covered. An exception to this would be if the work made those conditions worse.

Settling a Workers' Comp Claim after Sustaining a Permanent Injury

Permanent disabilities can either be total or partial. In either case, there are generally two types of settlements that may be approved by the Workers' Compensation Commission.

The first type is an agreement for settlement. Both parties enter into an agreement regarding the extent of payment and amount of payment. With this, the employee still has future rights.

The second type of settlement is a compromise settlement. This is usually the result of a dispute concerning entitlement to benefits. With this type, the employee has no future rights to benefits for the settled injury.

Meanwhile, while most receive weekly payments, a lump sum payment may be issued in some cases. A full commutation is a lump sum payment that takes care of any remaining future benefits, whereas a partial commutation takes care of a portion of them. The former ends future rights to additional benefits, and the latter does not.

An attorney familiar with workers' comp laws and processes can review the particulars of the case and help ensure the worker's rights are properly represented and a fair resolution is reached.

Corey Walker
With 19 years legal experience, Corey has been recognized for his work as an injury attorney.
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