What does it mean to “settle” a case?

Essentially, settlement translates to a closure of the case. Generally, the Employer/Insurer will pay the injured employee a lump sum of money to relieve them of any past or future liability. The decision to settle a workers’ compensation must be a mutual one. The injured worker and the Employer/Insurer must agree to settle the case. From the Employer/Insurer’s side, it is strictly a business decision. From the injured workers’ perspective, it may be more complicated as he or she may be giving up future medical treatment, employment, and future benefits. Therefore, careful consideration must be given to settling a case. Consideration of “real life” circumstances must be addressed. Many clients “need” the money as soon as practicable so that they can save their house, car, or pay for their kids schooling. Insurance companies understand this and they may use it to drive a “better bargain” for their stockholders. Also, the injured workers must consider how they will pay for future medical treatment once the case closes. Generally, the Employer/Insurer will insist that all future medical treatment be the responsibility of the injured worker. For more information, call us today at...

Could the insurance company be following me or taking surveillance of me?

The Employer/Insurer may place an injured employee “under surveillance”.  In theory, the insurance company uses surveillance to determine the “true” extent and nature of the claimant’s personal activity as it relates to an alleged work injury.  If done correctly, this type of evidence may be persuasive to the judge.  This evidence must show that the employee misrepresented his or her physical condition or that a return to work has been made.   However, if the investigator unlawfully invades the injured workers’ right to privacy or entraps the employee into a particular activity, then the claimant may have a right of action against the insurance company and the investigator. If you have been injured on the job and think the insurance company has someone taking footage of you, call us today at...