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Should You Settle Your Workers’ Comp Case or Go to Trial

Erwin, McCane & Daly | Friday, September 14, 2018
During your workers’ compensation case, it is possible you could be approached with the opportunity of settling the case rather than going to court. Like many aspects in life, there are pros and cons that will need to be weighed prior to determining which option is best for you and your case. If settling a claim is the route you are considering, we urge you to meet with a knowledgeable attorney and understand what settling your workers’ comp case means. 

What Settling a Workers’ Comp Claim Means

Think of this decision as the “safe option” for your claim. Settling your case could mean less stress and anguish as you won’t have to worry about going to court. Your workers’ comp attorney will negotiate with the workers’ compensation provider to determine a settlement package that coincides with the examination results provided by your medical professional. The settlement must also be approved by the New York State Workers’ Compensation Board. 


Workers’ compensation claims can either be settled with a lump sum paid out to you or throughout the course of payments with a structured settlement. If the thought of potentially not receiving a settlement, or an amount that is less than what you deserve, you should consider going to trial. 

What Going to Trial for a Workers’ Compensation Claim Means

While going to trial may be viewed by many individuals as strenuous, it is often necessary to receive the settlement you deserve. In many cases, the litigation is quite lengthy, but a necessary process for an injured worker. During the trial your workers’ compensation attorney will provide evidence, such as your medical examination record, that will prove to the judge your need for compensation. On the other side, the workers’ compensation provider will attempt to provide evidence against your case in order to persuade the judge to rule in their favor, i.e. ruling against you. 


Injured workers should consider going to trial because there is a greater chance that the settlement package will be a greater sum than one received when settling out of court. Additionally, if you decide to take your claim to court and the ruling is not in your favor, you can appeal the ruling to again seek the deserved compensation.  


It needs to be understood that with either option, there are risks involved. Workers’ compensation claims need to be maintained and monitored by an expert attorney who wants to see injured workers receive the best results for their claims. For more information about handling your workers’ comp claim and whether you should settle out of court, contact our attorneys today.