“Getting a Grip on Claims,” WC (Workers’ Compensation) Magazine
In an article published in the Summer 2018 edition of WC (Workers’ Compensation) Magazine titled, "Getting a Grip on Claims," by Louise Esola, partner Mike Rosetti was quoted discussing workers' compensation settlements and proper negotiation to avoid prolonged disputes. When executed properly, workers' compensation settlements can bring peace of mind to both the employer and employee involved, but there are a number of factors to consider to ensure this happens.
Those involved in a settlement claim should best inform themselves by obtaining all facts and medical history, along with full details of the injury. “Know your case. So often individuals will come and give you numbers and facts that are not accurate, and then they get accepted as facts (in settlement procedures),” said Rosetti. “I see so often at negotiations where people will assert facts that aren’t in the case. If you don’t know your case, you can’t contradict that.”
It is important to determine whether the injured person will ever be able to return to work, since this can drive up costs in a settlement if they are unable. “If you can focus on the ability of returning the individual to work, it gives you leverage in negotiations,” said Rosetti. “The result is that the longer they are out of work, the less likely they are to return to that job or any job, and other problems can emerge. Return to work can resolve your case faster.”
Future medical costs incurred from the injury must also be factored in, but employers should be aware that this part of the settlement is calculated based on current medical costs, which can inflate the overall Medicare set-aside if the person is still in the early stages of recovery.
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