A workers’ compensation case normally ends when your treating doctor states that you have reached MMI (maximum medical improvement) and can return to work at full duty. At this point, the insurance company must pay all outstanding medical bills and TTD. Also, they must pay a permanency award to compensate you for the permanent effects of your injury. The permanency award is based on a permanent partial disability (PPD) rate that is three-fifths of your average weekly wage. The PPD rate is multiplied by a certain number depending on the body part that is injured and on the type of treatment you underwent. In cases of permanent total disability, where an employee cannot work or make his old wage, the employer may have to make up a percentage of the lost future wages. Workers’ compensation settlements do not take pain and suffering into account.
A settlement demand must be written in order to resolve a workers’ compensation case. This settlement demand is a letter detailing how much we are willing to settle your case for. After this, we will negotiate with the insurance company and ask them for an offer. Sometimes this process can take a few months. If you accept the insurance company’s offer, we will sign settlement contracts and submit them to the arbitrator for approval. However, if you reject the offer, we always have the option of holding a final trial and letting the arbitrator decide all the remaining issues. We will give you expert advice about a settlement offer, but it is always your decision whether or not to accept or reject an offer.
This can be a confusing and stressful process which is why you decided to hire a lawyer in the first place. That is why Berg & Berg works hard for each one of its clients and has a proven track-record of obtaining the best results for its clients.