If you've been injured on the job, you might be wondering, "When will workers' comp offer a settlement?" It's a question that weighs heavily on the minds of many employees facing workers' compensation cases. Learn more about the steps involved in a workers' comp case, as well as the factors that influence settlement offers, and get advice on what to do after receiving a settlement proposal.

The Worker's Comp Settlement Process in Missouri

In Missouri, the settlement process for workers' compensation cases is governed by specific regulations and practices. In Missouri, the process involves several stages. Initially, after an injury, a claim is filed. The Missouri Workers' Compensation Commission then plays a pivotal role in overseeing these claims. Settlements often occur after the injured worker reaches maximum medical improvement (MMI), meaning their condition is unlikely to improve further.

Missouri law allows for two types of settlements - Stipulation for Compromise Settlement and a Section 20 lump sum settlement. Each type has its nuances and implications for the worker's future rights and benefits. Workers must understand these differences and how they impact their rights and future medical care.

General Steps in a Workers' Comp Case

In a workers' compensation case, the process begins when an employee reports a work-related injury to their supervisor and files a claim within two years. The employer must then report this injury to the Division of Workers’ Compensation and their insurance company. Following this, the employee undergoes a medical evaluation and treatment. The injured worker, often through an attorney, files a Claim for Compensation with the state's workers' compensation division.

Treatment varies based on the injury's severity, with employers and insurance companies largely directing the medical care and provider choice. If unable to work, the employee may receive a portion of their wages or be assigned restricted duties.

Once treatment concludes, the employee is typically released to return to work, leading to the settlement phase if there are no disputes about permanent disability or the need for further treatment. Settlements can be straightforward and completed within six months post-treatment. However, if there are unresolved issues or the employee needs additional care, the case enters a hardship phase, which may delay settlement.

When Will Workers' Comp Offer a Settlement?

The timeline for resolving workers' compensation settlements can vary, with an average duration of about six months. This timeframe, however, is subject to change based on factors such as the severity of the injury and the intricacies of the case. Additionally, the duration of the settlement process can be influenced by the negotiations between the injured worker and the workers' compensation insurance company, potentially shortening or extending the time needed to reach a resolution.

Several other factors influence when and how workers' comp will offer a settlement. These include the expected recovery time, the impact on the worker's ability to return to work, and the accumulated medical expenses. Insurance companies also consider the potential for future medical care and any permanent disabilities. The negotiation process can be lengthy, depending on these factors and the willingness of both parties to reach an agreeable settlement.

Post-Settlement Actions

Once a settlement offer is made, it's crucial to remember that you are not obligated to accept it immediately. This is a critical juncture where legal advice can be invaluable. Consulting with a lawyer can help determine if the offer is fair and compensates adequately for your injuries and losses. Harper, Evans, Hilbrenner & Netemeyer, with their expertise in workers' compensation cases, can provide the necessary guidance and representation to ensure your rights are protected.

Choose the Right Representation for Your Workers' Comp Case

Understanding when workers' comp will offer a settlement involves recognizing the complexities of the process and the various factors at play. If you find yourself navigating a workers' compensation case, it's essential to have knowledgeable and experienced legal representation. Harper, Evans, Hilbrenner & Netemeyer stand out as a top choice for representation in such cases. Our Columbia workers' compensation attorneys will review your case free of charge. If we accept your case, we are only paid if we recover compensation for you. Call us at 573-442-1660 or contact us for a free case evaluation.

Remember, the question "When will workers' comp offer a settlement?" is just the beginning. Ensuring that you receive a fair settlement that covers your needs and protects your future is where the expertise of a seasoned legal team becomes invaluable.