Lump-Sum Workers Compensation Claims: A Guide To Understanding Your Benefits.
A worker who has suffered
an injury at work can receive two types of Workers’ Compensation. The first is
a lump sum, and the second is periodic payments. Each has its respective pros
and cons, and when choosing between them, you must consider your financial
situation and the specific details of your case to select the option that will
provide you with the most money.
Lump-sum claims are also
known as "total permanent disability" (TPD) or "total and
permanent disability" (TPD) claims. They are designed to provide a
lump-sum payment for the total cost of workers compensation cover if you are
deemed totally and permanently disabled.
The lump sum is calculated
based on your pre-injury earnings. The maximum amount payable is $415,000 (2017).
Note: Lump sum settlements are not the same as
lump-sum buyouts, which are agreements in which the injured worker gives up the
right to additional medical care and lost wages in exchange for a more
significant initial settlement amount.
Lump-Sums Payments
A lump-sum payment is an
option that allows you to receive compensation for your permanent disability at
a single, upfront cost rather than waiting for the end of the claim process.
Lump-sum charges are available in the United States if:
● You have suffered a permanent impairment or
disability;
● Your injury has left you unable to continue
working; and
● You have reached maximum medical recovery and
are qualified for a lump sum payment under USA's lump sum provisions.
They can be used as a form
of rehabilitation or awarded to a claimant who has sustained permanent injuries
while working. Lump sums are based on the severity of the damage, and they are
not subject to income taxes. A lump sum is available in most states and at the
discretion of the insurance company or employer.
The trend in the past of
paying lump sums to workers' compensation claimants has changed. Now, companies
are paying lump sums to those who have suffered severe injuries to help them
return to gainful employment.
Most workers are not even
aware that they have options in a lump sum settlement and may negotiate a
higher price by presenting their employer with a plan for the future use of the
money.
Once the parties agree to
settle a claim for a lump sum, the injured worker will receive instructions on
how to claim their funds. The Department of Industrial Accidents (DIA) handles
all lump sum settlements and can answer any questions you might have.
However, these payouts are
not awarded to everyone, and there are specific criteria required before a lump
sum payment is approved.
Who is eligible for Lump-Sum
Payment?
Just because you've been
injured at work doesn't mean you'll automatically eligible for lump sum payment.
So, who is eligible for lump-sum payments for workers' comp? In most cases, the
answer is someone who has been injured on the job and is receiving ongoing
treatment. However, some other situations may qualify you for a lump sum
payment.
To be eligible for a
lump-sum payment:
● You must have been injured while working.
● You must also have been treated by a licensed
workers' compensation doctor and have had a reasonable number of visits to your
doctor or rehabilitator.
Every state has its own
workers' compensation laws and regulations. The eligibility criteria for lump
sums vary from state to state. In most states, if you become permanently
disabled after a work-related injury, you will be eligible for up to three
years worth of payments.
When determining the
amount of a lump sum award, the state is required to consider your ability to
work. If you can work in another job, you will receive a large payment, but if
you are permanently disabled, you may receive a smaller amount. A Workers' Comp
Lawyer can help you determine how much money you may be entitled to receive by
filing a claim with the workers' compensation board.
If you plan to file a Workers' Compensation Claim, check out our
Workers' Compensation blog.
Contact the experienced
and helpful team of attorneys at
Pistiolas Workers' Compensation Lawyers today if you're currently looking into workers compensation
claims.
If you have any questions
about Lump-sum Workers' comp payments and how they work, feel free to give us a
call at 844-414-1768.
Don't hesitate to contact us
today for a free consultation for all your legal needs.
https://workerscomplawcalifornia.com
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