Workers’ Compensation Claim: Settle or Go to Trial?

Workers’ compensation is a system designed to provide benefits to employees who have been injured on the job. The benefits provided by workers’ compensation can include covered medical treatment, wage replacement, and other forms of compensation for lost income. In some cases, however, disputes can arise between employees and their employer or the workers’ compensation company, and the question of whether the case should be settled, or taken to trial, arises.

Factors to consider when deciding on whether to settle or go to trial for a workers’ compensation claim include:

  • The strength of your case and whether or not you have strong evidence to support your claim. If you and your attorney feel you have a strong case, it may be better to go to trial to ensure that you will receive the full compensation you deserve. On the other hand, if you and your attorney feel that your evidence is weak, settling might be the better option to avoid the risk of losing your case all together.
  • Another factor to consider is the amount of compensation being offered in the settlement. If the settlement is fair and provides adequate compensation for injuries sustained, it may be advantageous to settle rather than go to trial. Of course, if the settlement amount offered is insufficient, it may be more beneficial to go to trial to try and obtain more compensation.
  • Time and expense of going to trial can also be a deciding factor of whether or not you choose to go to trial. Trials can be expensive and time consuming, and settling a case will avoid a lengthy wait for compensation.

Deciding whether to settle your claim or go to trial requires careful consideration of many factors. In some cases, if the settlement put forth is fair, and you and your attorney feel it is suitable to meet your needs, settling may be the best option. However, if the evidence in your case is strong, and you feel you deserve more than what is offered, going to trial may be necessary to obtain proper compensation. Ultimately, the decision should be based on a careful analysis of the risks and benefits of each option, and the individual circumstances of your case. Our experienced team at EMD Law can help you weigh the pros and cons and offer our expert advice to get you the benefits you deserve. Visit our website to learn more or request your free initial consultation today!