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This content is for informational purposes only and is not intended to provide legal advice.
A workers’ compensation is a system that employees can use to receive monetary compensation if they are injured at work. When a worker gets hurt on the job, they may be eligible for benefits from a state’s workers’ compensation system.
1. The Employer and the Employee Agree on a Lump-Sum Payment
Suppose an injured employee and their employer mutually agree on how much money will be paid to settle a workers’ compensation claim. In that case, that amount of money is given to the employee in one payment.
2. The Employer and the Employee Agree on a Set Number of Monthly Payments
Suppose an injured employee and their employer mutually agree on a certain amount of money to be paid in a series of monthly installments that extends for a limited time. In that case, this type of arrangement is made to settle the workers’ compensation claim. Payments can be made until the employee fully recovers from the injury or for one or two years.
3. A Mediator Is Called Upon to Help Make an Agreement
If an employee and their employer cannot come to a mutual agreement about the amount of money that should be paid to settle a workers’ compensation claim, a mediator can help them reach an agreement.
A mediator is an impartial third party that listens carefully to the arguments on both sides and attempts to bring the two sides closer together in agreeing on a settlement.
4. The Case Goes Before the Workers’ Compensation Commission
If mediation does not work, one or both sides can ask a judge (or commissioners) at the Workers’ Compensation Commission or the local court system to hear their case. The judge will then decide how much money will be paid in a settlement for the workers’ compensation claim.
5. The Case Goes Before a Jury
In some states, the decision about what amount of money should be paid in a workers’ compensation claim is given to a jury of citizens who hear the arguments made by both sides and then decide what should be paid to settle the claim.
In South Carolina, for example, a jury trial is required to decide how much money should be paid to a workers’ comp claim. You can get a lawyer to help you get the best value for a South Carolina workers’ compensation claim.
6. The Case Goes Before an Arbitrator
In some cases, an arbitrator is used as the last resort when one or both sides have been unable to settle with a judge or a jury in the local court system. Arbitrators are not usually involved in workers’ compensation claims that involve large amounts of money; instead, they are usually involved in cases that involve small amounts of money.
An arbitrator is a private citizen or panel of private citizens who hear both sides’ arguments and decide how much money should be paid to settle the workers’ compensation claim.
7. Working With a Lawyer
It is beneficial for a person injured on the job to have a lawyer on their side because of the many potential pitfalls that could occur while claiming workers’ compensation benefits.
A lawyer can help an injured employee understand what is happening with their workers’ compensation claim in terms of negotiations and settlements. They can be involved from the beginning to the end of the process. A lawyer can be the way to settle a workers’ compensation case.
Contact a Workers’ Compensation Lawyer
In conclusion, it is crucial for an injured employee filing a workers’ compensation claim to do their best to keep records of what happened at the time of the injury to show they were doing their job properly when they were injured.
The best outcome for a workers’ compensation case is to settle it out of court because it saves time and money and also helps avoid unnecessary stress.
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