In Blog, Mediation, Settlement, Trial, Workers’ Compensation

bernard d nomberg

by Bernard D. Nomberg, Partner, The Nomberg Law Firm

“Should I take a lump sum settlement or go to trial in my workers’ compensation case?”

This is a question we face many times with our clients as their respective cases get closer to trial. While every case is different, there are some general ideas that all injured workers should take into consideration: Settlements are a common route for workers’ compensation claims. If you were injured on the job in Alabama, settling your claim may be the best option if you don’t want to deal with a lengthy claim process or if you are no longer expected to recover from your injuries. However, it is not the best option for everyone, and making a knowledgeable and informed decision is important to receiving the compensation you deserve.

The Alabama Workers’ Compensation Act allows an injured worker and employer to reach an agreement for a lump sum settlement. Some key points of a lump sum settlement are: You receive a one-time payment instead of checks on a weekly basis. The settlement takes into account vocational loss, impairment and medical. The settle ment releases your employer from future liability for your injury. The settlement closes your case.

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While some people may want a final, case-ending payment, others may realize it is not in their best interests. It is important to understand that once you take a settlement, you cannot go back for more money, even if your lump sum runs out and you still have bills to pay or cannot return to work. Insurance companies are not looking out for your best interests. They try to find ways to make the smallest payouts possible, even if they know you deserve more. It is most important for a client to make a decision after knowing all the facts.

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An attorney experienced in workers’ compensation claims can help the client make the decision that is in the client’s best interests. If you have questions about your workers’ compensation claim, contact an attorney with the Nomberg Law Firm today.

Bernard D. Nomberg has practiced workers’ compensation law in Alabama for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating.  He has been selected a Super Lawyer by Super Lawyers Magazine as well as a Top Rated Attorney by B-Metro Magazine. 

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