Workers’ Compensation Cases: To Settle, Or Go To Trial?
When you have been injured at work, you can seek workers’ compensation benefits as long as your employer carries the appropriate coverage. However, this can be a difficult and draining task, requiring countless legal filings and medical exams, particularly if your employer disputes the facts or the extent of your injuries. It may come to the point where you have to ask yourself whether to settle – accept the proposed benefits from your employer’s workers’ compensation insurer – or to ask for what is called a Final Merits Hearing, which is as close to a trial as the workers’ compensation system gets.
Why Not Accept Benefits?
Most of the time, an injured worker simply accepts the workers’ compensation benefits that are offered to them (or accepts a denial of benefits if appropriate). If they do not, it is usually because the worker believes that the insurer either did not sufficiently investigate the case, or because they suspect some kind of mistake or irregularity. Regardless of the reason, it is not uncommon for a worker denied benefits to file an appeal.
Filing a workers’ compensation appeal in Florida requires several steps that must be carried out quickly, and the worker must have properly informed their employer of the injury within the appropriate time frame. The worker may file a Petition for Benefits with the Judges of Compensation Claims (JCC), where they can resubmit their claim, as well as any further evidence that might be relevant. They may either accept the judgment of the JCC, or they can appeal further, to the First District Court of Appeal, though appeals to that height are rare. Most will settle with the insurer at that point.
Positives & Negatives
There are several potential advantages to settlement, but it may also be a problem to settle, depending on the specific facts of your situation. In Florida, a settlement is essentially a lump sum of money, which means that medical care will cease after it is paid – the rationale is that you would cover your own care at that point. That said, it is sometimes worth it to those who need funds quickly, to say nothing of the closure to be gained by concluding the matter.
Pursuing further appeals may also be attractive to some. It is a chance to have a judge comprehensively review your claim, to say nothing of the fact that you may be awarded higher compensation if the judge sides with you – though, of course, that is not guaranteed. Each case is different, but you and your attorney can make an informed decision as to the best outcome for you and your family.
Contact An Orlando Workers’ Compensation Attorney
It can be difficult to know whether or not to accept the outcome of your initial workers’ compensation claim. If you have questions or concerns as to which path to follow, an Orlando workers’ compensation attorney from the Hornsby Law Group can help to assuage your concerns. Contact our office today at (407) 499-8887 to schedule a free consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.19.html
