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Workman's Compensation case,who makes the decision on settlement amount?

Indianapolis, IN |

Was wondering who has the final say on the settlement amount with my workman's comp case? I haven't heard from my lawyers in a while and when I got in touch with them the other day I was told they were going back and forth with the insurance company concerning the settlement amount.I was NEVER advised of any of the offers from the insurance company.Is it my choice to accept the offer or my attorney's?

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Attorney answers 3

Posted

The decision is yours. Your attorneys will advise you whether they think the amount is acceptable, and the reasons why, and they should also tell you what are your options if you decide not to accept a settlement. Whether those options are good or bad impacts the amount that the insurance company will offer to settle your case. Best of luck.

Asker

Posted

Thank you Mr.West,That's exactly what I was looking for!!!

Posted

The attorney should discuss with you the offers and demands that are going back and forth unless you have previously given them authority to negotiate within a certain range.

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.

Asker

Posted

They never discussed anything with me!? I was only told they were going to settle before the end of 2013...That was it until now.I do indeed want the maximum amount but I want to stay in the loop too.

John M Connell

John M Connell

Posted

You can set an appt with your atty to discuss your concerns and make it clear that you would like to be in the loop on the settlement discussions each time there is an offer or a new demand.

Posted

The final say is absolutely yours, BUT, you need to talk to your lawyers when they say the insurance company says they are at their top dollar and find out what your options are. In Indiana the settlement in a lump sum of money is based upon the treating doctor's permanent partial impairment rating which is a percentage. If your lawyers have not done so yet they may send you to a doctor for a second opinion on that. If they have already done that then they bare probably going back and forth between the two percentages and will tell you when the insurance company comes to where they can recommend you settle. There may be other issues like ongoing medication but BEFORE you say yes your lawyers will explain all that to you. There is no pain and suffering damages in Indiana under workman's compensation law.

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