If you were injured on the job and left with a disability that prevents you from returning to work, or from working at full capacity, you are entitled to seek a workers’ compensation settlement. The workers’ compensation insurance company might offer a settlement after you have reached maximum medical improvement, which is the point at which further treatment will not help you recover anymore. At that point, your disabilities will be considered permanent. In many cases, the insurance company will not offer you the money you deserve, which is why negotiating is important. Once you accept a settlement offer, you won’t be able to come back later to ask for additional funds. The attorneys at the Law Offices of Bryan Musgrave know how to negotiate a workers’ compensation settlement to fully protect your rights and help you maximize your recovery amount.
Missouri Workers’ Compensation Law and Settlements
When you receive a workers’ compensation settlement offer in Missouri, you can choose to accept it or negotiate with the insurance company to try and increase the settlement amount. When you accept a settlement, it will close your workers’ compensation case under the Missouri workers’ compensation law. At this point, the insurance company will not have to pay you any additional money or pay for any further medical care. Asking an attorney how to negotiate a workers’ compensation settlement can protect your interests and rights.
Workers’ Compensation Settlement Negotiation Process
The specific steps in the settlement negotiation process can vary based on the circumstances and facts of your case. However, the process typically involves the following general steps:
- Demand letter: Your attorney will send a demand letter that describes your disability, its severity, and a monetary demand to settle your claim.
- Counteroffer: The insurance company will review your demand letter and relevant documentation and may either accept your settlement demand or make a counteroffer.
- Review the counteroffer: If you receive a counteroffer, your attorney will review it with you and explain whether it is advisable to accept, or whether you should continue negotiating.
- Continue negotiations: Your attorney will continue negotiating with the insurance company to reach an agreed-upon and fair settlement amount.
- Submit your negotiated settlement: Once you have an agreed-upon settlement, it must be submitted to the judge for final approval. This may require you to appear before a Judge, with the insurance company and your attorney. If the judge finds the agreement fair, the Judge will approve the settlement, and the insurance company will pay you within thirty (30) days. Your workers’ compensation case will then be permanently closed.
What if You Can’t Reach a Fair Settlement Agreement?
Most workers’ compensation cases are resolved by settlement. However, some cases can’t be resolved without a trial. Even if you know how to negotiate a workers’ compensation settlement, or utilize the help of an experienced attorney, the insurance company might refuse to offer a reasonable amount.
In that situation, you might need to take your case to trial before an administrative law judge. You will have the burden of proof at this hearing, which means you’ll have to present admissible evidence to support your claim, and objective medical evidence of both your injury and the resulting disability. At a final hearing, the judge will evaluate the evidence presented by both your lawyer and the insurance company’s attorney. The judge might allow both sides a short time to file briefs before issuing an Award. The Award will be sent to you within 90 days of the date of trial. If you disagree with the administrative law judge’s decision, you or your attorney can file an appeal. Similarly, the insurance company’s attorney can appeal the award if it disagrees with the judge’s decision.
When either side appeals, the case goes to the Missouri Labor and Industrial Relations Commission. A panel of two or three Commissioners will review the transcripts, require legal briefs, and consider the award before deciding on the appeal. This can involve additional testimony, evidence, or oral argument.
If you or the insurance company disagree with the Labor and Industrial Relations Commission’s decision, you or your attorney can appeal it to the Missouri Court of Appeals. This requires additional briefs, can involve additional oral argument, and may be a lengthy process.
Because of the risks of trial and the lengthy appeal process, negotiating a fair settlement is typically preferred if possible.
Get Help from a Workers’ Compensation Lawyer
If you have reached maximum medical improvement for your workplace injury, you should talk to the workers’ compensation attorneys at the Law Offices of Bryan Musgrave for help negotiating your workers’ compensation settlement. We can review your claim, disability rating, and medical records to help you understand what might be a fair amount, or whether it might be necessary for you to be seen by an expert physician of our choosing to acquire a more favorable disability rating. Contact us for a free consultation today by calling 417-322-2222 or sending us a message online.