In Tennessee, workers' compensation cases are routinely settled. However, not every case is able to be settled. Sometimes the court system must be utilized. Settlement can be a good thing if the insurance company is offering a fair amount and the employee wants to eliminate the risk of a judge ordering less at trial. Likewise, the work comp. insurance company may want to settle if they believe they will eliminate unnecessary risk. However, you need to be careful when settling your case to make sure that you have fully investigated the potential value of your case and are getting a good deal.
So the question looms - what is a fair amount to settle your Tennessee work comp. case?
Of course, each case is different and it is impossible to give a "one size fits all" answer. However, here some areas to investigate to see if you are receiving a fair settlement offer.
1) Examine the treating doctor's impairment rating. You want to know if his/her rating is considered low for the type of injury you sustained. You may want to consider seeking an independent medical exam (IME) to compare the rating with that of another qualified doctor.
2) Did the treating doctor issue permanent restrictions and if so, how will those restrictions affect your ability to perform your job in the future?
3) Is your TTD and PPD weekly benefit rate (comp. rate) being figured correctly? You want to see the employer's 52-week wage statement.
4) Were you fired, laid off? If so, what was the reason. Have you been returned to a job which is outside your permanent restrictions? These things can make a big difference in the amount of money you are entitled to receive.
5) If you were fired, laid off (through no fault of your own) or placed on a job outside your permanent restrictions , you need to look into the "multipliers" which apply when the employee does not receive a "meaningful return to work". This will help determine the amount of money you are entitled to.
These are some of the big areas you want to examine when deciding whether or not to settle your Tennessee workers' compensation claim. If you are unsure if you should settle your case, please feel free to contact us at Attorney Cody Allison & Associates / The Work Comp. Team (615) 234-6000 and we will be happy to discuss your case with you. Please feel free to call 24/7.
So the question looms - what is a fair amount to settle your Tennessee work comp. case?
Of course, each case is different and it is impossible to give a "one size fits all" answer. However, here some areas to investigate to see if you are receiving a fair settlement offer.
1) Examine the treating doctor's impairment rating. You want to know if his/her rating is considered low for the type of injury you sustained. You may want to consider seeking an independent medical exam (IME) to compare the rating with that of another qualified doctor.
2) Did the treating doctor issue permanent restrictions and if so, how will those restrictions affect your ability to perform your job in the future?
3) Is your TTD and PPD weekly benefit rate (comp. rate) being figured correctly? You want to see the employer's 52-week wage statement.
4) Were you fired, laid off? If so, what was the reason. Have you been returned to a job which is outside your permanent restrictions? These things can make a big difference in the amount of money you are entitled to receive.
5) If you were fired, laid off (through no fault of your own) or placed on a job outside your permanent restrictions , you need to look into the "multipliers" which apply when the employee does not receive a "meaningful return to work". This will help determine the amount of money you are entitled to.
These are some of the big areas you want to examine when deciding whether or not to settle your Tennessee workers' compensation claim. If you are unsure if you should settle your case, please feel free to contact us at Attorney Cody Allison & Associates / The Work Comp. Team (615) 234-6000 and we will be happy to discuss your case with you. Please feel free to call 24/7.
Nashville, Tennessee workers’ compensation / Middle Tennessee workers’ compensation / Davidson County workers’ compensation
Hey nice post man! Thanks for incredible info.
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