What Is a Workers’ Compensation Global Settlement?
A global settlement in workers’ compensation is a lump sum settlement paid to the claimant in exchange for closing their case. They are typically used for workers with a concurrent third-party personal injury case related to the workplace injury.
Some workers’ compensation laws require the claimant to pay back a portion of their workers’ comp benefits with their Los Angeles personal injury attorney settlement. The claimant can sometimes reduce the payment to workers’ comp by negotiating a global settlement with the insurance carrier and closing the workers’ comp case.
Global settlements are complicated, but they can have benefits for the workers’ compensation carrier and the claimant alike. If you have a workers’ compensation claim and civil case in the works, it is important to understand what a global settlement is in workers’ compensation. Speak with a workers’ compensation attorney to learn more.
When Does a Global Settlement Apply in Workers’ Compensation?
A global settlement occurs when the workers’ compensation carrier attempts to recoup the workers’ compensation benefits paid to the claimant by taking a portion of the personal injury settlement. To avoid losing a portion of your personal injury settlement to the workers’ comp carrier, you could agree to a lump sum global settlement for your entire workers’ comp claim.
Who Benefits from a Global Settlement in a Workers’ Compensation Claim?
Global settlements can be beneficial for both the worker and the workers’ compensation carrier. If you agree to a lump sum settlement with workers’ compensation, you could reduce or eliminate their claim against your personal injury settlement. Depending on your injuries, this route could give you more money from both settlements.
However, if your injuries caused permanent disability or impairment, you could lose out on the long-term benefits you need from your workers’ comp claim. It may, therefore, be in your interests to have a workers’ compensation attorney negotiate with the insurance carrier and attorneys for your workers’ comp and civil cases.
A lawyer familiar with complex litigation and employee rights can help you seek a solution that ensures maximum compensation for your losses.
How Does a Global Settlement Work in Workers’ Compensation?
When you experience illness or injury due to your job, you could file for workers’ compensation benefits. These benefits are designed to help you cover expenses related to your workplace injury, including medical costs, missed work, disability, and career rehabilitation.
If you also file a personal injury lawsuit against a third party, your civil case may be tied up with your workers’ compensation benefits.
Your workers’ comp attorney can help you negotiate a global settlement that covers both the workers’ comp and personal injury cases. While the terms of a global settlement will differ for each case, they generally work to settle both cases at once.
The Difference Between a Personal Injury Lawsuit and a Workers’ Compensation Claim
The primary goal of a workers’ compensation claim and personal injury lawsuit is to secure compensation for your losses, so you can reestablish your life following a debilitating workplace injury.
Workers’ compensation claims typically cover an injury or illness that occurs while you are at work or performing work related to your job. For example, you could file a workers’ compensation claim if you suffered an injury in a car accident while driving a vehicle for your job. Workers’ compensation claims are typically limited to:
- Medical costs related to your workplace injury or illness
- Lost income due to missed work because of your workplace injury or illness
- Disability payments for temporary or permanent impairment caused by workplace injury or illness
- Career rehabilitation, including additional education or training for a new career if you cannot return to your old job
Third-Party Personal Injury Lawsuit
If your on-the-job injuries were due to a third party, for instance, the person who caused your work car accident, you could sue them for compensation. A personal injury lawsuit against the third party allows you to seek medical costs and lost income, like a workers’ comp claim. It also lets you pursue additional non-monetary damages, such as pain and suffering and emotional anguish.
Additional Personal Injury Claims
You could also pursue a personal injury claim against a co-worker or employer for other legal violations. For example, if your employer refuses to make reasonable accommodations so you can return to your job, you could file a lawsuit against them. This lawsuit is separate from your workers’ compensation claim, but they could be tied together in discussion settlements.
A Workers’ Comp Attorney Can Help You Seek Compensation After a Workplace Injury
While some workplace injury claims are straightforward, many involve complicated circumstances. When a third-party claim or civil lawsuit touches on your workers’ compensation claim, you benefit from working with a workers’ comp attorney familiar with California’s employment and injury laws.
Instead of navigating discussions with the other parties’ insurance representatives and attorneys, you can spend your time and energy recovering from your injuries.
Your attorney can take care of every aspect of the legal process, from collecting evidence to filing paperwork to submitting appeals to advocating for your interests in hearings. Their goal is to ensure that you receive the maximum possible compensation from both workers’ compensation and your personal injury lawsuit.
Reach Out to KJT Law Group for a Free Case Evaluation Today
You deserve sufficient compensation to cover the full scope of your losses after a workplace injury. When a global settlement is involved, you can benefit from the extensive knowledge, experience, and resources of an established workers’ rights firm.A workers’ compensation lawyer at KJT Law Group can provide you with a detailed explanation specific to your case. Contact our office today at (818) 507-8525 to begin a free consultation. We only receive a fee if we obtain a settlement or court award for you.