Make the most of your Tennessee workers’ compensation payout.
Every injured worker considers settlement at some time throughout their Tennessee workers’ compensation lawsuit. A settlement is an agreement reached between an injured worker and his or her employer to end the workers’ compensation lawsuit in return for an amount of money. Settlements are often paid in a flat payment.
Table of Contents
When Will My Case Be Resolved?
Before you may settle your Tennessee workers’ compensation case, you must be at maximum medical improvement (MMI), which is the point at which your doctor says that your condition is as good as it will get. Once you’ve reached MMI, your doctor will give a percentage rating to your impairment. Only then can your case be considered for settlement.
Tennessee has a mandated dispute resolution mechanism in place before an injured worker may proceed to a workers’ compensation hearing against the employer. In other words, Tennessee compels injured workers to attempt to reach an amicable settlement via a “benefits review conference” (BRC) before litigating the case in front of a court. The parties are also allowed to reach an agreement outside of a BRC.
What Rights Do I Abandon as Part of the Settlement?
Accepting a settlement offer means giving up critical rights in your workers’ compensation lawsuit. In addition, you will be renouncing your right to a workers’ compensation hearing.
One of the most crucial rights you may be sacrificing if you settle your lawsuit is your entitlement to future medical treatment. Closing out your future medical care implies that any further treatment after the date of settlement will not be covered by workers’ compensation. Tennessee law does not allow you to waive your right to future medical treatment if you are permanently and fully incapacitated as a consequence of your injuries. You are allowed to do so in all other instances.
Most insurance companies will ask you to forgo your entitlement to future workers’ compensation benefits, including medical treatment. After all, the insurance company’s purpose is to permanently shut your claim. However, in exceptional situations, the insurance company may agree to leave your medical rights open after settlement, such as when you would need considerable future medical treatment and a Medicare set-aside would be too expensive. (For additional information on Medicare set-asides, see our page on worker’s compensation settlement deductions.)
Benefits Review Meeting
Within 30 days after attaining MMI, a benefits review meeting must be sought. In addition to you and your attorney, an insurance company representative and a worker’s compensation expert from the Tennessee Bureau of Workers’ Compensation will be present at your BRC (if you have one).
The workers’ compensation specialist’s goal is to listen to both parties’ arguments about how much your case is worth and attempt to assist you reach an agreement. During the BRC, you and the insurance company, or your respective lawyers, will engage in some back-and-forth talks.
If you reach a settlement agreement at the BRC, the workers’ compensation expert may draft settlement documents on the spot.
How Do Settlements Get Approved?
All settlements must be authorized by the Bureau of Workers’ Compensation before they become final. Your settlement paperwork will be presented to a judge at the Bureau of Workers’ Compensation after you have reached an agreement with the insurance company. The settlement must be approved or rejected by the court within three business days.
A settlement may be rejected by a court if the terms are overly broad, the figures are inaccurate, or the terms are inconsistent or contradictory. If your case is being contested, the court must also ensure that the settlement is in your best interests.
The insurance company will cut the cheque after the settlement is accepted. If you have a lawyer, the settlement will include lawyers’ fees and charges.
How Much Is My Claim Worth?
Your claim’s worth is determined by the type of your injury, medical treatment recommendations, your capacity to return to work, and the body part affected. Read our article on the kinds and amounts of workers’ compensation benefits in Tennessee to get a sense of how much you could be entitled to. Other considerations, such as whether there is contradictory evidence in your case and your chances of prevailing at a hearing, will impact the value of your claim.
Do I Really Need a Lawyer?
Yes, most certainly. Some wounded employees are afraid to contact an attorney for fear of upsetting their employer or causing ill will in the workplace. Attending a BRC alone and signing off on a settlement without counsel, on the other hand, is very dangerous. Handling your claim without the assistance of an attorney may result in you missing critical filing deadlines or signing off on binding settlement conditions that you do not fully comprehend. If you’re thinking about going through the procedure without legal representation,