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After being involved in a work-related accident, you may need to take time off work. Being unable to earn a living could be devastating for your family financially. Fortunately, by securing workers’ compensation benefits, you can stay afloat until you can get back to work.
While it may be tempting to accept the workers’ comp first settlement offer you receive, doing so may not be in your best interest. While accepting the settlement offer may provide you with some financial relief now, it could prevent you from obtaining additional benefits if your condition worsens in the future.
When you are unsure whether you should accept your first workers’ compensation offer, turn to a highly experienced Rhode Island workers’ compensation lawyer from Gemma Law for answers.
How Workers’ Compensation Insurance Works in Rhode Island
Understanding how workers’ compensation insurance works after an accident is crucial if you hope to get the most out of your benefits. Under the Rhode Island Department of Labor and Training (DLT), all employers with at least one employee are required to carry workers’ comp protection coverage. If you are involved in a work-related accident, you may be entitled to specific types of benefits, such as:
- Disability benefits – These act as wage replacement benefits and generally amount to around 62% of your average weekly salary per RI Gen. Laws §28-33-17.
- Medical benefits – This should include full coverage of your medical expenses as they relate to your on-the-job injury.
- Vocational rehabilitation – If your injuries prevent you from returning to your pre-injury position at work, vocational rehabilitation benefits may allow you to get the job training or education you need to return to the workforce.
- Death benefits – If a loved one passes away in a work-related accident, death benefits may be paid to the decedent’s surviving spouse and children. These benefits will also cover the decedent’s funeral and burial expenses, in addition to their medical bills.
What happens when a workers’ comp claim is accepted? After filing a claim for workers’ compensation, the insurance company will reach out to investigate the claim. We will need to provide them with powerful supporting evidence so the insurer sees no reason to deny you the benefits you are requesting.
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Factors that Impact a Workers’ Comp Settlement Offer
Multiple factors can have an impact on whether the insurance company’s workers‘ comp settlement offer is enough to cover your damages. Not only do we need to consider the severity and permanency of your injuries, but we also need to consider whether your injuries will require additional treatment in the future. While the insurance company’s initial settlement offer may be tempting, it is important to keep the big picture in mind.
The Severity of Your Injuries
Your disability status will have an impact on how much you receive in disability benefits and how long you can continue collecting them. Generally, you will be able to continue receiving workers‘ compensation disability benefits until you reach maximum medical improvement (MMI) as described by RI Gen. Laws §28-33-34.1 and can return to work. However, there are certain circumstances in which there may be a maximum amount of time you can continue receiving benefits.
For example, if you are dealing with a permanent total disability, you can expect your right to workers’ compensation benefits should continue for the length of your disability.
However, if you have a permanent partial disability, you may only be able to continue receiving benefits for up to 312 weeks per RI Gen. Laws §28-33-18. When considering whether to accept the insurance company’s settlement offer, it is important to keep your disability status in mind.
It will take a little bit of number crunching. But with help from your workers’ compensation attorney at Gemma Law, you can figure out how much you should be entitled to throughout the course of your work injury and disability. This way, you have a better idea of whether the insurance company’s settlement offer is a good one.
Whether You Will Require Future Medical Care
It is essential to consider whether your injuries will require future medical care. You cannot see into the future, but you can listen to your healthcare provider’s diagnosis and prognosis. It will be important to discuss how your injuries will continue to affect your life in the future so you can plan accordingly.
Hold Off on Accepting a First Workers’ Compensation Settlement Offer Until You Speak with Your Attorney
The insurance company may attempt to resolve your claim as soon as possible. This may be a sign that it recognizes the true value of your damages and does not want to pay out more than they have to. A quick settlement offer usually means a low settlement offer.
For this reason, you should never accept your first workers‘ compensation settlement offer until you have spoken with your catastrophic injury lawyer. Remain especially cautious if the insurance company makes you a lump sum settlement offer. This may be a considerable sum of money that could cover a sizable portion of your expenses when you are struggling to stay afloat.
However, that is exactly what the insurance company wants you to think. Remember, you are going to need to consider whether your injuries will require future medical treatment.
If you accept a lump sum settlement, the insurance company will not be expected to provide you with any future financial support once your workers’ comp case has been closed.
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Connect with a Knowledgeable Workers’ Compensation Attorney for Help Today
You have the right to specific benefits as outlined in your employer’s workers’ compensation insurance coverage. When the insurance company sends you a lump sum settlement offer, chances are, your benefits are worth considerably more than the insurer is willing to pay for.
However, with the support of a reputable Rhode Island personal injury lawyer from Gemma Law advocating for your rights, you can demand the benefits and financial support you are entitled to.
With that being said, you are well within your rights to accept a settlement offer if you believe it is in your best interest to do so. If you see the value in renegotiating the workers’ comp settlement, we can reject the offer and request a more reasonable payout.
Fill out our online contact form or call our office to consider your legal options further during a free consultation.
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