Have you been offered a settlement of your employees’ claims for damages? If so, or if you’re wondering how to get a payroll, here’s a breakdown of the Virginia Workers Compensation Billing Process.
A “settlement” of your claim can mean many things. Some workers mistakenly think that if they receive permanent partial disability (PPD) payment, they have paid their entitlement and it is over. Is not it. If you have a lifetime medical award or a salary award, your eligibility is still open.
In other situations, the insurance provider or nurse may say they have “closed their files” and lead the injured worker to believe that there is nothing they can do. That is also wrong. If you have an award mandate from the Virginia Workers’ Compensation Commission, your case is likely to be open unless you have agreed to a full and final settlement that will close your claim regardless of what the insurance carrier says.
A full and final settlement is usually a situation where you receive an agreed amount of money in exchange for closing your employees’ compensation claim. If it is a full and complete billing of your medical price and your wage price, your case will be closed after the billing is complete. In this case you are no longer entitled to medical services or wages from the insurance company, even if you receive a “Lifetime Medical Award”.
In some cases, the “wages” portion of the award is billed separately from a medical award. In this situation, the injured employee is still entitled to appropriate medical services and related costs.
Most injured workers do not know how much compensation to get for settling their claim. If they are not helped by an experienced and knowledgeable lawyer, they are exposed to the “good will” of the insurance carrier. No matter how nice the insurance provider is, you can be sure that they are not focused on the injured worker’s interests.
A fair settlement should take into account the severity of the injury and future medical costs, the level of wages the worker is entitled to and how long they may receive wages, and other potential future costs for which the carrier may be responsible. Unfortunately, injured workers are not entitled to cash for “pain and suffering” as may be the case with personal injury.
The regulations for personal injury and employee compensation are different and take different factors into account.
The statements contained herein are for general informational purposes only and are not intended as specific legal advice for your situation, as Mr. Shoen would have to meet you individually to maintain customer confidentiality and would require additional information not included in this article. This article does not create an attorney-client relationship. Please contact an attorney directly for legal advice.
To learn more about Darren Shoen’s law firm or to speak to an attorney, visit their website at shoenlaw.com.
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