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