The workers' compensation adjuster wants to settle the case. What should I do?

We get calls all the time from injured workers who have been offered a settlement on their Oregon Workers’ Compensation claim.  Many times the injured worker will ask us flat out whether they should accept the offer or not.  This is not a question we can answer because we do not have enough information about the case to say yes or no.  It would be bad advice.

The problem with these kinds of offers is that in many cases, the injured worker really does not know what he or she is giving up in exchange for what they are getting with a settlement.  There are many potential pitfalls.  Common questions include:

  1.  What was accepted on this claim, and are there other medical problems that should have been accepted but were not?
  2. If this is a denied claim, what is the reason for the denial, and is there some evidence that would be available to prove that the denied claim was incorrect?
  3. What benefits is the injured worker giving up?  The claim could include a significant permanent partial disability benefit, or vocational benefits?
  4. Does the injured worker have a plan?  If you have been knocked out of your job permanently from an on the job injury, a “generous” offer of settlement may look good to you in the short time, but what happens in six months, or a year?

These are just a few of the many questions we ask when evaluating a settlement offer, or making a demand for settlement on behalf of an injured worker.It may be worth your while to have an attorney in your corner, even if there is a attorney fee involved.

If you are curious about settling your Oregon Workers’ Compensation claim, call us at 503-325-8600.We can give you the basics, and let you decide whether it makes sense to get help from an attorney.