I Settled My Minnesota Workers Compensation Case Years Ago. Can I Get Help?

Every week our office receives a call from someone who needs help getting a medical bill paid on a case they "settled" many years ago. The first thing we do is help them locate their old settlement papers. Sometimes the injured worker has retained a copy but if not, we can often we can obtain a copy from the Minnesota Department of Labor and Industry where the document was originally filed many years ago.  If we strike out there there are other ways for our investigators to track them down.  After we obtain a copy it literally takes our expert Minnesota work comp attorneys minutes to determine that in many cases they may have more benefits then they initially believed.

There are many different types of settlement which have evolved over the last three decades, the most common of which are outlined below.  Though settlement does not occur in every case, it's mandatory that the parties participate in settlement discussions in every case pending before the Minnesota Office of Administrative Hearings.  The parties can discuss settlement at the court mandated "Settlement Conference", a mediation with an independent third party mediator, or through direct party negotiations.

•   Full Final & Complete - The most common these days is a "full, final and complete settlement".  This is a common settlement when the workers compensation insurer has denied liability that you have a work injury.  This type of settlement involves the insurer paying you a lump sum of money to closed out all past, present and future workers compensation benefits of any kind.  In exchange for the lump sum payment you right to all workers compensation benefits are closed out.
•   Full, Final & Complete With Medical Open - This is the most common settlement when the employee has an admitted injury but the there is conflicting evidence regarding the extent of the injury or whether it is temporary or permanent.  Often an adverse medical report from an "independent medical examination" constributes to an employee agreeing to the same.  This is similar to the first settlement above with the exception that some of your future medical benefits are left open.  
•   To Date Settlement - This was more common years ago and still occurs on occasion especially when the employee has a very strong case.  This settlement usually results in the workers compensation insurer paying all outstanding medical bills through the date of the agreement as well as a compromise of wage loss claims or other disputes as well.  In this settlement all future wage loss, vocational and medical claims remain open subject to the ongoing defenses of the workers compensation insurance company.

Settlements are voluntary and you are not compelled to engage in the same.  However, our attorneys and all workers compensation judges believe that settlement discussions are a necessary part of the workers compensation system.   Workers compensation is a "no-fault" system and as the result of this compromised system of justice you will never be made "whole" or fully compensated for your injury. Having been an injured workers like you, I can assure you that you will NOT receive "justice" even with a win at hearing.  The best that you can hope for is that the compensation judge finds you to be a credible witness and that you have met your burden of proof in establishing you sustained a work related injury.  From there you entitlement to workers compensation benefits will flow.  However, often the injured worker chooses to settle for reasons personal to them and their case.  

At Atkinson Law Office we have recovered millions of dollars in benefits on behalf of our clients every year!  For a free consultation contact the workers compensation experts today.  All of our lawyers are award winning attorneys and FORMER insurance company attorneys who will show you the secrets the insurance companies don't want you to know.  Contact us today at 651-333-3636.  

How & Whys of Minnesota Work Comp Settlements

Though I have handled hundreds of workers compensation hearings and conferences, I have also participated in thousands of Minnesota workers compensation settlements.  I have the unique experience of having assisted insurance companies and more recently injured workers.  This experience makes my office extremely effective in negotiating on behalf of my injured clients when trying to squeeze every penny out of the insurance company.

How do settlements work?  Though insurance companies have been known to quickly attempt settlements after an employee is injured, the more common scenario occurs after a claim has been paid and then a portion or all of the claim is denied.  Settlements also can occur after your attorney sues the insurance company to pay your benefits.  It is extremely important if you are unrepresented to at least have an attorney review the settlement agreement to be sure you are getting the deal that was promised.  On many occasions I have also been able to obtain additional settlement money for clients.  On one occasion we obtained over $60,000 in additional money only a few weeks after an insurance adjuster made a "final offer" to our client.  Not only did we obtain additional money for our client but we negotiated better settlement terms by leaving open future medical benefits for him as well.

Once the settlement agreement is reached the parties draft what is called a Stipulation for Settlement.  This is a very important document that is signed by all parties and then approved by a workers compensation administrative law judge from the Minnesota Office of Administrative Hearings.  This entire portion of the process can take from 2 weeks to a few months depending on the number of parties and issues involved.  After the stipulation for settlement is completed and signed by all parties, it is submitted to the judge who issues an Award on Stipulation.  This is an Order and the work comp insurance company must MAIL payment within 14 calendar days.  The vast majority of payments go directly the injured worker within two weeks of the judge's Order.

You only have one chance to negotiate you settlement and doing so without a lawyer is just plain crazy.  I have seen many adjusters take advantage of workers by explaining the reasons behind the settlement value without ever telling them what they are really giving up in exchange.  Contact the lawyers at Minnesota Disability and Atkinson Law Office today to see how we can assist you with you claim.  We assist hundreds of injured workers every year in obtaining the best results for their family given their unique situations.  We meet with clients across the entire state of Minnesota.  Contact us toll free at 800-933-5619 or 651-333-3636.  Feel free to visit our other website www.mndisability.com for additional information.