Construction site workers

Lump Sum Settlements

A lump sum settlement of a workers’ compensation claim may often be in the best interest of the injured worker. A lump sum settlement must be approved by a judge as being in the injured worker’s best interest. Lump sum settlements are a final termination of the rights to receive further benefits from the insurer on a weekly basis for a particular injury. In cases where liability has been established, a lump sum will not close out rights to future medical treatment. There is no guarantee or right to a lump sum settlement. A settlement is only achieved if both the insurer and the employee agree to a certain figure. In most instances an employer must consent to their insurance company making a settlement offer to an injured employee. A judge cannot order or set a lump sum settlement figure.

For a settlement to be approved by a judge, it must be found to be in the employee's best interest. By settling your case you are not giving up your rights to go back to work for the same employer. However, the law creates a presumption that you are unable to return to work for the same employer for whom you were working while you were injured. The presumed period of disability is one (1) month for every fifteen hundred dollars ($1,500.00) in settlement proceeds. For example, if you receive fifteen thousand dollars ($15,000.00) net from your settlement, it would be presumed that you are unable to return to work at your former job for 10 months and your former employer would not have to re-hire you for that 10 month period. This however does not prevent you from seeking work elsewhere. Also as a requirement for settlement approval, the employee must, if they are involved in a schooling program or some other vocational rehabilitation plan approved by the Workers' Compensation Board, have the consent of the Office of Education and Vocational Rehabilitation prior to having a settlement approved.

Client Reviews
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Brendan, I cannot adequately communicate how meaningful your role has been in this life-altering experience. I can say "Thank You!". I do it from the bottom of my heart, but I thought I would attempt to show you just a snippet of the impact you have had on m life, and, i can imagine, on the lives of others like me. Blessings!
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Brendan was very understanding and supportive emotionally as well as being knowledgeable and experienced legally. He worked with us to achieve the best possible outcome in a very difficult situation, and we would highly recommend him. Sam
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Brendan was great in my case. He was very professional and made sure I fully understood every step that was happening in my case. Every thing I signed he made sure I understood all the fine print and he explained it very well.He negotiated way more then what I thought I was going to receive. Brendan always stayed in constant contact with me and was very easy to get a hold of for any and every question I had about the process. Very thankful to have worked with him. Greg
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"… I wanted to express my thanks and gratitude to you. You always said it was your job but it seems to me it is your calling. Anyone with enough hard work can be a lawyer or a nurse but not all can express empathy, compassion and infinite patience to guide others through a confusing and difficult journey …" Anonymus