How to Get Information About a Workman's Comp Settlement
A hard-won victory by trade unions in the early 20th century, workman's compensation is a promise by employers, with the backing of the U.S. government, that employees injured at work will be taken care of medically and financially. And, anything governmental, medical, or financial---and especially something with all three of these components---will have copious records attached to it. Such is the case with workman's compensation settlement cases.
Where to access the records of a settlement case depends upon the state where the case originated, whether a private lawyer was involved, and whether the statute of limitations has passed.
- Difficulty:
- Moderate
Instructions
Things You'll Need
- Full legal name of the injured worker
- Name and address of employer
- Name of employer's insurance carrier
- Date and type of injury
- Name of attorney for the injured worker, if there was one
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If you are researching your own workman's compensation settlement, check to see what information you may already have on your case. This could include time cards, medical records, claim filings and correspondence with your employer. Gather them all in one convenient place, and make a list of what records are missing and where they may be located.
For example, medical records would be stored at your doctor's office or at the hospital, physical therapy center, or emergency care center where you were treated. Legal records would be stored at your or your employer's lawyer's office or courthouse. Employment records would be stored in the human resources department where you were working at the time of your injury. Your employer's insurance carrier may also have records related to your case.
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If, on the other hand, you are researching a case that you were not a party to, the records you can legally access will be more limited.
Court records, unless sealed by a judge, are public information, so a hearing or trial transcript, depositions, and settlement agreement, if made through the court system, will likely be available to you as a matter of public record. Medical and employment records, and attorney records, however, are considered private information and will probably not be made public to those unrelated to the case.
Workman's compensation cases and their resulting settlements are administrative in nature and often never result in a court case. If they do, the case is usually filed in civil court and the records can be accessed thorough the jurisdiction's court clerk's office.
Visit the Court Clerk's office in person if possible, or call or write to the Clerk if you are unable to go there yourself, and ask to see the litigation and settlement records filed in the name of either the petitioner or the employer of the case you are seeking information on.
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Settlements for work-related deaths also fall under the auspices of workman's compensation. In these cases, there may be additional public records available to both relatives of the deceased and to the general public. Check newspaper obituaries and the court clerk's office for a death certificate. Each should have a cause of death listed and may provide additional information.
For newspaper records, visit the local library which will have actual copies of the newspaper for the past 14 to 30 days and on microfilm for older dates. The Court Clerk will have the death certificate and you can get a copy for a small fee, usually $3 to $10.
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Tips & Warnings
If the settlement was particularly large, it was probably covered by one or more newspapers. Check the newspaper article archive at the local library in the town or city where the settlement was finalized.
In most states there is a time limit within which you must notify your employer of an injury to be eligible for a future settlement. This is usually between 14 and 30 days, so do not delay letting your boss know about a work-related mishap.
Be careful not to confuse workman's compensation with personal injury law. Workman's compensation covers only medical expenses and lost wages, and there is no provision for pain and suffering or punitive damages. For these additional injuries, a personal injury case must be filed in court.
