It depends on what you mean by the term "settlement"
A FULL AND FINAL settlement is where you waive your future rights to any benefit and the insurance company pays you a Full and Final Settlement.
A "settlement" for permanency is where they ONLY pay you for the percentage of permanent partial disability. IF this is the case, it should be 5%, or more, of the whole person PLUS any loss of range of motion. IF you are in NY, and your claim falls under NYS jurisdiction. MAKE SURE YOU GET CLASSIFIED PPD BEFORE July 1, 2007. IF you get classified PPD before July 1, 2007, you still would qualify to claim lifetime benefit payments. IF you wait until AFTER July 1, 2007, you may LOSE THE opportunity to collect lifetime benefits. Sure would be nice if we knew what state jurisdiction your claim has.
Here are some sites that have great workers comp info
http://www.GettingWorkersComp.com
http://www.WorkerComp.GettingWorkersComp.com
Initially doing a FULL AND FINAL SETTLEMENT may sound like a great financial windfall. A word of caution - THINK TWICE before settling. Here are some THINGS TO consider:
Do you know whether your injury appears to be long-term?
Has your doctor mentioned FUTURE SURGERY?
Will you need MEDICATION in the future?
ONCE YOU SETTLE, the workers comp carrier is ONLY obligated to pay you the remaining TTD (Temporary Total Disability benefits.) Then they will pay whatever PPD (Permanent Partial Disability) benefits you may be entitled to receive.
IF your condition gets worse, you COULD petition to re-open, ONLY IF you settled ONLY for the PPD portion, BUT IT WILL BE ONE HECK OF AN UPHILL BATTLE. IF you settled FULL AND FINAL, then you will NOT be allowed to re-open you case - unless you can prove a material mistake of fact has been made.
Here are some ADDITIONAL issues to consider:
WHAT STATE has jurisdiction over your claim. SOME states pay LIFETIME BENEFITS!
((that all depends on WHICH STATE has jurisdiction)) IF you settle your claim with a “full wash” claim - ((where you surrender future rights)), you may LOSE the lifetime benefit payments.
Will you need SURGERY in the future?
WHO will pay for medications you may need because of your work-related injury, after you settle?
Is your employer talking about a “full wash” - that means that you surrender any and all rights to future benefits?
IF the above is true, then make SURE that they pay you enough to cover the following
ALL of the PPD benefits you are entitled to receive
ALL future costs to cover surgery you may need
((Applies ONLY if your doctor states you will need surgery))
Enough money to cover ALL FUTURE MEDICATION
If you find another job, what if you become disabled again,
because of this injury? Workers comp WILL deny your
request to re-open if you start working for another employer.
IF you are NOT working at the time the settlement is proposed, remember that the monies that they pay you will dwindle as you pay for your living expenses.
You may want to consult with an attorney who specializes in workers comp cases to get a better picture of what your case is REALLY WORTH. EVEN if your attorney takes a portion of your settlement, it is better to have the peace of mind KNOWING that your claim was fairly settled.
Get some Free workers comp information with How-To strategy ideas - visit
http://www.WorkersCompHellRaiser.wordpress.com
For Free workers comp information - visit
http://www.GettingWorkersComp.com
IF you want to see workers comp Blogs -
Here is a Blogsite that give Free workers comp information -
http://workerscompinsidesecrets.blogspot.com/
IF you claim falls under NY jurisdiction, then you may want to visit
http://www.NYSWorkerComp.GettingWorkersComp.com