Learn how, when, and if you should settle your D.C. workers’ compensation claim.
You may settle your workers’ compensation claim for a lump sum settlement if you were injured on the job in the District of Columbia. While there are advantages to settlement, there are also some disadvantages. It’s critical to understand the details of your settlement agreement and what you’ll be receiving and giving up.
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What Exactly Is a Workers’ Compensation Settlement?
Lump sum settlements in contested workers’ compensation claims are permitted in the District of Columbia. Typically, these settlements are complete and final, which means you are agreeing to permanently end your lawsuit. The settlement money is the only compensation you will ever get for your injuries, and you will be responsible for your own future medical treatment in most circumstances. (For more information on what you may be giving up, check our page on D.C. workers’ compensation benefits.)
While lump sum settlements are the most common, other options are available. The insurance company, for example, may agree to a structured settlement, in which your benefits are paid in increments over a number of years. This may make sense if you have severe injuries and will be unable to work again. In some cases, the insurance company may be ready to pay for your future medical treatment as part of a settlement.
Is My Settlement Acceptable?
All settlements must be approved by the District of Columbia’s Office of Workers’ Compensation. If you have a workers’ compensation lawyer, the office will approve your settlement automatically. If you are not represented by an attorney, the office will carefully analyze your settlement and determine if it is in your best interests. The following factors will be considered by the office when making this decision:
if there is a valid disagreement between you and the insurance company; your age, level of education, and eligibility for vocational rehabilitation; whether you have obtained maximal medical improvement; and whether you have denied surgery unfairly.
You will not be required to attend a hearing since the office will make a decision based on your settlement documentation. If the office rejects your settlement, it must provide you with a thorough explanation of why within 30 days.
Is it possible for me to change my mind?
You may always cancel or change your settlement before the office authorizes it. An accepted settlement, on the other hand, is final and cannot be reversed unless in extremely narrow situations, such as if the insurance company committed fraud. As a result, before agreeing to a settlement, you should counsel with a D.C. workers’ compensation lawyer. A lawyer will recognize the value of your claim and will be able to negotiate a reasonable payment on your behalf.
