WORKERS COMPENSATION SETTLEMENT

by Steven R. Mcneely on Jun. 07, 2019

Employment Workers' Compensation 

Summary: WORKERS COMPENSATION SETTLEMENT, IT IS AN ART FORM!

I have always found settling any Arkansas workers compensation claim is like trying to line up the planets and moons with the sun, if you want top dollar, or to put it another way "it is an art form".

I have settled cases for a little as $500.00 and as much as $400,000.00, both are very, very rare.

It is an over simplification to say there are only two types of claims in work comp that is the classic: accepted or denied claims.  There really is vast gray area of accepted claims as far as what is actually being paid.  

Examples of these gray areas include:
(1)  being released at maximum medical improvement (MMI) with a zero permanent impairment rating (PIR) and recommendation for no more treatment.  
(2) Another one is the subsequent medical condition either occurring at the same time as the original accepted injury and masked by the main condition or a compensable consequence.  
(3) Another example is the accepted medical claim with the denied Temporary Total Disability (TTD) claim under a light duty argument.  
(4) and other factors.
It is the grey areas and the following issues that make settlements challenging. 

The main things that drives a settlement value in an Arkansas Workers Compensation case are:
1.    Nature of the claim accepted vs denied
2.    Type of claim scheduled vs unscheduled
3.    Average weekly wage-compensation rates
4.    Impairment rating
5.    Recommendation for future medical treatment
6.    Recommendation on future work restrictions
7.    Financial resources of injured worker (if they are staving or not)
8.    Reputation of the attorney, do they litigate or fire the client if it does not settle.

9.    Can the client get more through litigation?


                            

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