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How to Negotiate a Worker's' Compensation Settlement

When injured on the job, you may be entitled to a Worker's Compensation settlement or, at the very least, entitled to having your time off work and your medical bills paid. There are some things that you need to do if you plan to negotiate a Worker's Compensation claim.

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    Difficulty:
    Challenging

    Instructions

      • 1

        Report the injury to your supervisor and have an incident form filled out as soon as you are injured. The supervisor will ask you what happened and what you think may have caused it to happen.

      • 2

        See a doctor. Your doctor, or an emergency room doctor, will document your injuries and let you know what you need to do in order to get better. You may receive medications, braces, treatments or other medical therapies. The doctor will tell you when to come back and when you may be able to return to work. In more complicated cases, you may be off for a long period of time or you may be unable to work for an extended period of time in any capacity.

      • 3

        Use the diagnosis from your doctor to determine your expected medical expenses and compensation for time off work. This should be the least amount of money that you are willing to accept. You can try to negotiate for a larger amount, but it may be harder to get. Your employer should agree to pay you for your time off and for your medical bills but, if the case becomes complicated, you may need to hire an attorney who specializes in Worker's Compensation law.

      • 4

        Submit to other medical examinations performed by a physician who is hired by the company, if required.

      • 5

        Go to court or go through mediations, if an acceptable agreement between both sides cannot be made, in order to make a final determination in the case.

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    Comments

    • hope002 Jul 17, 2010
      With employment worries of the current economy getting injured on the job can potentially be scarier then ever for those who have a injury prone and physical demanding job. Hopefully this article will be able to help folks who have been injured on the job recently.
    • Richard Ferri Jul 14, 2010
      As a primary care clinician it is sometimes very difficult to determine what, IF ANY, real damage was the result of the work related accident because of comorbities - especially obesity. If someone is carry around an extra 50 lbs in their gut and state that they "pulled their back at work" it is virtually clinically impossible to determine the actual cause of the accident. Was it the obesity or the incident? No one can really tell. The cautionary tale here is to take care of yourself always. Try to lose that weight, stop smoking, improve your diet, and get back to the gym. Most patients are truly dismayed when theses items are part of the accident treatment plan but they are critical to good health.

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