If you have been injured on the job it is likely that you will have the option to consider a settlement negotiated by your attorney with your employer’s Workers’ Comp insurance company. Given this opportunity it is very important to make every decision wisely, and doing so with the assistance of your experienced attorney will allow you to achieve the best result possible in your case.
It is important to know that some Workers’ Compensation settlement agreements are final and some allow you to reopen your case in the future if your injuries become medically worse. Therefore, it is crucial to be aware of the two different types of Workers’ Compensation settlements.
Lump Sum Payment Under Section 20 Of The Law
Settling your case and receiving a lump sum amount, also known as a “Section 20”, is the less common way of concluding your case. In this scenario your attorney negotiates a lump sum amount rather than receiving periodic disability payments. The advantage to this type of settlement is that you can receive a sum of money immediately and you do not have to wait for weekly payments. Under Section 20 you also conclude the process of having to go back to court for a trial or other additional proceedings, which in turn could lead to multiple court appearances. A major downside, however, is that you foreclose your ability to reopen your case should you require additional treatment or other benefits in the future. As a result, lump sum settlements in Workers’ Compensation are permitted only under limited circumstances, usually when there are disputes in the case regarding proof that the accident occurred, or that the injuries you are claiming are related to your work-related accidents, and like ALL Workers’ Compensation settlements are subject to the approval of a Workers’ Compensation Judge after a formal Court proceeding in Workers’ Compensation Court. These are issues that are best explained to you by an experienced Workers’ Compensation attorney, who can help you navigate through the choices available to you if such a situation should arise.
Order Approving Settlement Under Section 22 Of The Law
The majority of Workers’ Compensation settlements are reached through an Order Approving Settlement under Section 22 of the law, wherein you may continue to receive weekly disability payments for a period of time after your case concludes in Court, and your case remains open for a minimum of two years from the last date that you last receive a payment or other benefit from the insurance carrier after you appear in Court to accept the settlement. The right to reopen is based primarily on being able to prove that your work-related injury has become medically worse since your appearance in Court to accept your settlement, and if you are able to do so entitles you to receive any additional medical treatment, temporary disability payments, and partial or even permanent disability payments that are proven to be necessary. Section 22 settlements may also offer other advantages over Section 20 settlements, and as noted above ALL Workers’ Compensation must be approved by a Workers’ Compensation Judge. An experienced Workers’ Compensation attorney from Team Law can advise you as to which type of settlement is appropriate under the particular circumstances of your case, or whether you are best off proceeding to trial instead.
Call Today for a Free Consultation with an Experienced New Jersey Workers’ Comp Lawyer
Getting injured on the job is hard, and losing out on money and other benefits that would otherwise be properly owed to you is even worse. Talk to an experienced Team Law Workers’ Compensation lawyer today who will fight for what is yours and get you what you need and deserve. Call Team Law today to schedule a consultation or fill out our convenient online form.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.