Articles Posted in Lump sum settlements

 

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Judge gavel, scales of justice and law books in court

Massachusetts’ workers who have suffered serious work related injuries and occupational diseases must often times make the important decision as to whether or not to accept an offer a lump sum settlement of their workers’ compensation claim.  Typically when an injured worker is either at or near maximum medical improvement, their employer’s workers’ compensation insurer will contact the injured worker or their attorney to discuss the possibility of settling the claim.  There are many important factors to consider when determining if a settlement is in the best interest of the injured worker. Before addressing those important issues, first I want to define some important terms: Continue reading

Employer accused of flouting OSHA regs; $2.2 million settlement

The claimant was the spouse of one of two laborers killed when a trench in which they were working collapsed and flooded at a home renovation project in Boston’s South End in October 2016.The deceased was survived by his then-53-year-old spouse, three adult children, and three dependent grandchildren. The insurer initiated payment of weekly Section 31 death benefits.

Often times, in the course of a Massachusetts workers’ compensation claim, lump sum settlement negotiations will occur.  This typically occurs after the injured worker has reached maximum medical improvement (medical treatment has been completed), the injured worker has permanent physical restrictions that will cause a wage loss, and/or after an Administrative Judge has issued a conference order or hearing decision.  However, there is nothing that you or your attorney can do to force the workers’ compensation insurer to agree to a lump sum settlement.  Likewise, there is nothing a workers’ compensation insurer can do to force an injured worker to accept a lump sum settlement.  A settlement is only achieved if both the insurance company and the employee agree to a certain figure.  In most claims, 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 amount. Continue reading

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