You do not have to accept the first amount an insurance company offers you after a workplace injury. In fact, it may be in your best interest to wait and negotiate. Insurance companies are eager to close claims quickly and may offer what seems like a considerable amount to achieve that goal. With the help of our workers’ compensation lawyers, you can explore all your options for appropriate compensation.
Should I Wait Until I Understand My Condition Before Accepting a Workers’ Compensation Settlement?
When you receive the first offer, you may still be in the initial stages of recovery, unsure of what the future holds. How can the insurance company know if you don’t know how your injury will affect you? In addition, the amount they offer you, while tempting, may not accurately reflect all the expenses related to your condition.
By waiting until you and your doctors have a better understanding of your injury, we can determine whether your workers’ compensation offer provides enough to cover costs like:
- Re-hospitalization
- Surgery
- Physical therapy
- Occupational therapy
- Medical equipment
- Prescriptions
- At-home care
- Care facility stays
For example, if you sustained a traumatic brain injury (TBI), your expenses and risks may be more than other injuries. The Agency of Healthcare Research and Quality (AHRQ) reports that hospital care is more expensive, and the injury’s long-term effects can require re-hospitalization. Since TBI symptoms can take weeks to appear, you may not know the full extent of your costs and losses when you receive your first offer.
We can’t see into the future to know what expenses may arise from long-term conditions like TBIs. Nonetheless, we can take the time to work with you and your doctors to understand your prognosis. That information can then inform when you should accept an offer for workers’ compensation.
Other Medical Considerations
Your first offer may be based on stats and averages, but your case is unique to you. When we evaluate any offers, we ask questions about your personal experience, such as:
- Did you have any preexisting conditions?
- How severely were you injured?
- Is your injury temporary or permanent?
- Did you have to travel to visit doctors and specialists?
These can highlight other costs that should be included in your coverage, such as reimbursement for travel expenses and your right to disability benefits.
Should I Consider the Impact on My Career and Earning Ability?
Medical costs aren’t the only factor when deciding whether to accept your first workers’ compensation settlement offer. Just as you may not know your total medical costs when you receive an initial offer, you may not know how long you will be out of work. You should be compensated for the income you have lost and will lose during your recovery.
We don’t want you to feel pressured to return to work before you fully recover because you accepted a low offer that didn’t include enough wage replacement benefits. We can consult economists and actuaries to understand what you are likely to lose during recovery and what you may lose over your lifetime in reduced earning ability.
If You Can No Longer Work in the Same Capacity
Not all injuries leave workers permanently unable to return to work. Instead, you may be in a grey area – you can work, but not at the same level. You may even no longer be able to work in the same industry but must transition into a new one.
The U.S. Department of Labor lists vocational rehabilitation among the benefits included in workers’ compensation. If your accident has left you too injured to continue in the same field or level, you could be eligible for retraining. We can work to ensure compensation for this retraining is included in your coverage.
How Can a Workers’ Compensation Attorney Help with My Claim?
Workers’ compensation is a trade-off – by receiving benefits and coverage through your employer’s insurance, you forfeit the right to sue them for an injury. However, that doesn’t mean you can’t consult a lawyer.
Even in workers’ compensation cases, the Fort Lauderdale personal injury lawyers from our firm can help by:
- Handling communication
- Filing paperwork
- Reviewing offers
- Setting up appointments
- Consulting experts
- Gathering evidence
- Explaining your options
- Negotiating terms
Forfeiting the right to sue does not forfeit your right to speak up when you think your coverage and compensation are not fair. If you are uncertain about an offer or feel your condition is not being taken seriously enough, a workers’ compensation attorney from our firm can evaluate your case and pursue accurate compensation.
We Can Review Your Workers’ Compensation Case for Free Today
You do not have to be alone in deciding if you should accept or deny your first workers’ compensation offer. We can review the offer with you, taking pressure off you while you recover from your workplace injury. In addition, the Law Offices of Anidjar & Levine provide regular updates, prompt responses to questions, and direct access to your attorney’s phone number. Call today for more information: 1-800-747-3733.
