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On a workers compensation claim can they substantially lower the offer after several years of refusal to settle by the injured p

Glenwood Springs, CO |

Injured in late 90s, in construction accident, was offered over 300 k for several years. Was waiting for right time to accept. Now the offer is at 20k. Would it be worth it to hire an attorney? Was deemed totally disabled and have not worked since accident. Receiving SSDI.

Attorney Answers 4


Settlement in Colorado is based on a number of factors that usually have to do with what the insurance company thinks they will have to pay. I would urge you to talk to a workers compensation atty to have them evaluate your case. I can give you the name of someone there or discuss it with you if you want.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

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Yes, it would definitely be worthwhile to hire an attorney. I deal with employers on other matters other than workers compensation all of the time and my experience is that they don't take claims seriously unless an attorney is involved.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Yes. Yes.

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Parties settle to avoid risk. Workers settle to avoid the risk of getting less in the future. Insurance Carriers settle to avoid the risk of having to pay out more in the future.

When the future becomes the past - the risk is gone - because whatever was going to happen has happened. If the carrier was willing to offer $300K back in the nineties to avoid paying for medical care - now twenty years later they have already paid that medical care and they don't think there is much more in the future. Or maybe you didn't have as much medical care and now they think it is unlikely for you to need more than 30K or 40K.

The risk both sides take when they turn down settlement offers and let the future play out is that as things play out, there is less ambiguity, less risk, and what is going to happen becomes clearer. Sometimes that favors the worker and the carrier will offer more. Sometimes it favors the carrier.

You should talk with a lawyer to clarify why the offer has dropped.

As always, how this or any other case we discuss in this answer would apply to your case depends on many more factors. We urge you to call us to see if you are entitled to workers’ compensation benefits. Workers Compensation is difficult, confusing, and very complex. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Call us at (866) 356-9898 for your FREE CONSULTATION.

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