ALANA C. DICICCO LAW

Hiring a Workers' Compensation Attorney to Help You Settle Your Case

Should I Appeal My Denial of an Oregon Workers' Comp Claim?

How Much You Could Settle Your Workers' Compensation Claim For?

This is a difficult question and the answer definitely is different for every case.  But, there are a few ways that the value of a case can be broken down.

First, it is important to remember that no one (not the injured worker or the insurance company) has to settle.  It is always an option but never a right.

Second, a settlement has to have value for both parties.  In other words, it is worth it to both the injured worker and the insurance company.  It is usually worth it to the insurance company because they get to close a file (stop processing the claim), pay a finite amount and not risk any further litigation.  It is worth it to the injured worker because they get a lump sum dollar amount, the amount is guaranteed, and there is no risk of losing the claim completely with litigation.  Keep in mind these are general scenarios and each case has different factors that come into play.

Finally, the value of a settlement is generally less than the insurer's exposure (i.e., how much they might have to pay over the lifetime of the workers' comp claim).  The value is also usually a little more than the injured worker would receive in terms of a dollar amount.  For example, an injured worker with an accepted claim would get time loss, but they would not receive the dollar amount for the medical payments,etc.  Whereas, if the injured worker settled, the lump sum would include those amounts.

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The value of your claim will also depend on the type of injury you have, how much medical treatment you need, and whether you will be able to return to the job at injury.

Here is more info on the types of workers' compensation settlements:

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Claim Disposition Agreements

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Tip:

A Claim Disposition Agreement, which is commonly referred to as a CDA, is a settlement of an accepted claim.  You cannot release your right to medical benefits with this type of settlement.  There is a 30 day waiting period for approval of CDAs if the injured worker does not have a workers' compensation attorney.

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Disputed Claim Settlements

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Tip:

A Disputed Claim Settlement, generally called a DCS, is a settlement of a denied claim.  It can also be used to deny and settle your current condition.  If such cases, an injured worker releases their rights to future medical benefits even for a previously accepted workers' compensation claim.

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Stipulations

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Tip:

A Stipulation is usually used when the insurer has agreed to rescind a denial and accept the claim.  In such cases, the injured  worker does not give up any rights.  Stipulations are also used to settle time loss, attorney fee, or penalty disputes.

Do I Need a Lawyer to Settle My Workers' Compensation Case?

Yes, If you wish to try to settle your workers' compensation case, you will want a workers' compensation lawyer to help you.  Call us with any questions; we are always happy to help 503-975-5535