Posts From September, 2022

The Biggest Workers Comp Settlement

A workers´ compensation settlement case can range between a big amount or a small amount that is dependent upon the injury. Of course, when the injury is not significant, then the claimant can expect a small settlement. But when the injury is significant, then the settlement amount could reach into the millions.

Currently, the most that a workers´ comp settlement has been is $10 million, which took place in 2017. The circumstances surround an employee in California who incurred a car accident while driving home late at night after work. The accident caused the individual to sustain a brain injury that took a huge toll on her life, which she would never fully recover from.

The state of California recognized it to be a workers´ comp case due to the fact that her job required her to complete a project that was completed after working hours.

These types of occurrences happen a lot more than what many realize. It may be a surprise as to who is ultimately responsible if an accident like this took place. However, when you have an experienced attorney, figuring out who is liable can be an easy undertaking, which can allow you to be a good candidate for compensation.

When Exceptions Exist

For workers´ comp to pay a settlement, the injury needs to take place while working and be work-related. This means the employee needs to be providing a service to the employer at the time of injury. This does not normally cover when a commute is taking place. Regardless, the injury that occured was due to a project that required the individual to stay late and finish. Due to the circumstances leading up to the accident, the appeal board for workers´ comp allowed the accident and its circumstances to be valid for compensation.

What Entails a Case For Workers´ Compensation

When it comes to workers´ comp, the insurance provider that covers the employer is liable to pay all claims and benefits for workers´ comp. When a settlement is reached, it is to end the legalities in exchange of a monetary amount that is agreed to. The settlement is normally a lump sum that is representative of the amount of medical expenses that can be expected. When the cash settlement is obtained, then the case is closed indefinitely. This is why it is important to have the most experienced attorney working for you so that you reach the highest amount for your injury.

Amount Of Settlement May Vary

As we mentioned, the amount of a settlement may vary and is based heavily on the circumstances and injury type. The $10 million settlement is the biggest workers´ comp settlement to date. Although every cash amount will be different, your attorney can attempt to get the highest amount possible.

Conclusion

When you give us a call today, we will explain the process of representing you for your workers´ comp claim and what to expect. We will explain the various injuries that can be compensable as well as what their amount could be. So give us a call now to get started.

  • Posted on: Sep 27 2022
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Can You Still Get Workers Comp if the Company Goes Out of Business

Regardless of what the circumstances are for your employer going out of business, it is important to know if you will still receive workers´ comp after the fact. Of course, the employer is obligated to provide the insurance, but will the benefits continue once the doors close forever?

Below, we take a look at what happens with workers´ comp when the company goes under.

A Separate Payment System

You are in luck when it comes to collecting workers´ comp payment benefits because the employer is not the one who pays it. In fact, the state you live in has a system designed specifically for workers´ compensation that requires an employer to provide coverage to employees, which a private insurer pays. For the insurance coverage to be valid, the employer will need to pay its policy payments either weekly or monthly. However, when the employer stops making payment on the policy, your benefit payments will continue.

So although your employer covers you while working, they are not obligated to pay for your injury benefits. So when the employer becomes bankrupt, the claim that you are collecting on will not be affected

When the Insurance Company Becomes Bankrupt

If your employer is in business but the insurance company who provides workers´ comp benefits becomes bankrupt, then the employer will need to acquire another insurance provider or be willing to provide benefits out of pocket.

Also, your state will help to get the insurance coverage transferred to a different carrier. If anything, the state may continue to provide the insurance coverage as long as the policy is paid. But who supplies that funding?

When the claims cannot be covered by the insurance company, the remaining assets of the company will be used to make payments. When it comes to workers´ compensation, the payout cap is unlimited.

Things To Keep In Mind

Although your workers´ comp benefits will continue if the business closes, you may still experience issues. The first issue is a delay in payments while your claim is being processed. This delay may also occur when the new insurance provider is getting in touch with the employer to fine tune the benefits and job injury..

The other thing to keep in mind is that the benefits will be dependent upon your capability to work again. When your employer is out of business, they may not be able to verify any specifics. You may see conflicts arise which may affect payments.

Conclusion

When a work injury occurs, a workers´ comp claim needs to be filed. You can rest assured that your payments will continue regardless of your employer going out of business. However, if you have any questions regarding this, then you can give us a call now and we will get it all straightened out for you.

  • Posted on: Sep 15 2022
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