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  • Writer's pictureRobert Schuerger II

Getting a Fair Amount from Your Workers' Comp Settlement | A Guide

Workplace accidents are unfortunate and expensive incidents that can adversely impact the victim's life, which is why it's crucial for the affected employee to pursue a claim. Receiving workers' compensation settlements can be a simple matter or can lead to stressful court battles.


Schuerger Shunnarah Trial Attorneys have decades of combined experience helping protect the rights of injured workers and ensure that they receive maximum workers' comp settlements. Those who have suffered injuries in a work-related accident in Nashville, Tennessee, should contact them for legal representation.


Getting a Fair Amount from Your Workers' Comp Settlement

Getting a Fair Amount from Your Workers' Comp Settlement


Here are a few ways injured workers can maximize the amount of workers' compensation settlements they receive:


Inform the Employer of the Workplace Injuries

The Tennessee law requires injured workers to report their injuries to their supervisors immediately. An employee typically has 15 calendar days from when they knew or should've reasonably known of their suspected injury to report the incident to the employer.


Although the injured workers have 15 days to report their injuries, it's important that they don't wait and let their employer know as soon as possible. 


Waiting unnecessarily long can adversely impact the workers' compensation claim, with the employer's insurance company less likely to believe the severity of the accident.


Most employers have workers' compensation forms available for their employees. If the injured worker is not sure about the paperwork, it's best to reach out to their supervisor on how they can record their workplace injury in writing.


Receive Medical Attention Immediately

When a workplace accident happens, it's crucial to seek medical attention immediately, even if the injured worker doesn't seem to have any apparent injuries.


Sometimes, an injury can take time to appear, or internal injuries may be difficult to diagnose without proper imaging tests. Waiting too long to visit a medical doctor may lead to complications and hurt the injured employee's workers' compensation claim.


That said, there may be a specific process that the employer may require the injured employee to follow. They may need the worker to visit the company nurse or call for an ambulance.


The injured worker must adhere to the company's policy to maximize their chances of recovering a higher worker compensation settlement. Delaying medical treatment can give the insurance company another reason to minimize the payout, arguing that the injuries aren't as bad as the worker claims or that it didn't happen.


When an employer receives a notice of workplace injury, they must provide the worker with a panel of physicians that they can visit within three business days. 


The law ensures that the employees receive prompt medical treatment while letting the employer have some control over the workers' compensation claim.


File a Workers' Compensation Claim

When receiving treatment from an approved medical provider, the medical expenses, lost wages, and other damages may start to accumulate.


Employees must request a workers' compensation claim form from their employer so that they can start the legal process to receive workers comp benefits for their work-related injuries. The injured worker must fill out the form completely and submit it as soon as possible. These are critical steps when involved in a workers comp knee injury settlement.


Understand Disability Rating

In some cases, the work-related injury may result in a disability, adversely affecting the injured worker's ability to resume employment or carry out their job duties.


There are four categories of workers' compensation disabilities, and these are as follows:


  • Temporary total disability: This can prevent the injured worker from carrying out their job duties for a certain period of time.

  • Temporary partial disability: This can prevent the injured worker from carrying out specific work-related tasks for a certain period of time.

  • Permanent partial disability: This can prevent the injured worker from carrying out certain work-related duties permanently.

  • Permanent total disability: This can prevent the injured worker from resuming employment.


When a work-related accident results in injuries, the medical provider from the panel of approved physicians will assign a disability rating between 5% and 100%, depending on the severity of the injuries. Current and future medical care also plays a vital role in determining workers' compensation settlements.


Injured workers may be eligible for workers' compensation disability benefits, which is typically two-thirds of the average weekly wage of the employee.


In case of permanent disability, the affected party may receive lifetime scheduled weekly benefits or a lump-sum settlement.


Often, insurance companies or employer-approved physicians do not work in the best interests of the affected employee. An experienced workers comp lawyer can help assess the facts surrounding the injured worker's case and challenge the disability rating if the benefits are insufficient.


Avoid Giving a Recorded Statement to the Insurance Company

When insurance companies take on workers' compensation claims, they'll find reasons to reduce the benefits or avoid payouts. They may ask questions to get the injured workers to say something that may adversely impact their claims.


If an insurer asks an injured worker for a recorded statement or tells the affected employee that it'll be recording the conversation, it's best to stay clear and avoid talking to the agent. 


The claimant must immediately reach out to their workers' compensation attorney to get some tips on how to handle the workers' compensation insurance company and its requests.


Keep Careful Records

The injured worker needs to keep track of all of the medical expenses, including hospital fees, prescription medication, and therapy and rehabilitation bills, among other costs. They must also maintain a personal diary to record how the injuries continue to affect their daily routine.


Detailed notes on the injury's impact and paper documentation of all of the medical expenses can help increase the injured worker's chances of recovering maximum compensation.


Contact an Experienced Workers' Compensation Attorney

An experienced attorney can play a major role in helping the injured worker receive maximum workers' compensation settlement for their work-related injuries. They can help assess the case and take the necessary legal steps to protect the affected employee's rights. They can also advise on situations like should you file a slip and fall lawsuit.


Schuerger Shunnarah Trial Attorneys Are Ready to Go to War Against the Workers' Compensation Insurance Company!

Schuerger Shunnarah Trial Attorneys Are Ready to Go to War Against the Workers' Compensation Insurance Company!


Those who have suffered injuries in a work-related accident in Nashville, Tennessee, must immediately call to schedule a free consultation with Schuerger Shunnarah Trial Attorneys, as they may be eligible for workers' compensation benefits.


The legal team at Schuerger Shunnarah Trial Attorneys can help guide the injured victim on the workers' compensation settlement process and go to war against their employer's insurance company to recover maximum compensation.

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