Will Workers’ Comp Offer a Settlement Without a Lawyer?

Yes, workers' compensation insurance companies can offer a settlement without a lawyer. However, this decision can carry risks and may not always result in the best possible outcome for injured workers. While it is legally permissible to handle a workers' comp claim on your own, understanding the complexities of the process and the potential disadvantages of settling without legal representation is critical. In this article, we’ll explore the process of receiving a settlement without a lawyer, why it can be risky, and how hiring an experienced attorney like Shultz Legal can improve your chances of a fair outcome.

Settlement Offers Without Legal Representation

Workers' compensation insurance companies frequently offer settlements directly to injured workers. This might happen shortly after an injury occurs, or later in the process, depending on the specifics of the case. For many, receiving a settlement offer without the need for a lawyer may seem like a straightforward and cost-saving option. However, it is important to be cautious when considering a settlement, as there are several factors that could significantly affect your final compensation.

Risks of Accepting a Settlement Without a Lawyer

Accepting a workers' comp settlement without legal counsel may appear simple, but it carries substantial risks. Here are some key factors to consider:

• Initial Offers May Be Low: Insurance companies often present initial settlement offers that are lower than what the injured worker might actually be entitled to receive. Without a lawyer to evaluate the offer, there is a strong possibility that you could settle for far less than what your injury truly warrants.
• Inexperienced Negotiation: Workers' compensation insurers employ experienced adjusters and legal teams whose primary goal is to minimize payouts. Without an understanding of how much your claim is worth or how to negotiate effectively, you might accept a lower settlement than you deserve.
• Long-Term Costs Overlooked: One of the biggest dangers of settling without a lawyer is failing to account for the long-term medical expenses associated with your injury. Workers who are unfamiliar with the potential future costs of their medical treatments may settle for an amount that doesn’t cover these expenses, leading to financial hardship down the road.
• Complex Legal Language: Workers' comp settlements typically come with legal stipulations that are difficult for non-experts to interpret. If you don’t fully understand the terms of the agreement, you could sign away your rights to future benefits or compensation.

Potential Drawbacks of Settling Without a Lawyer

While settling without legal representation may seem like an efficient option, there are several potential drawbacks that can negatively impact the outcome of your workers' compensation claim. These include:

1. Limited Understanding of Legal Rights: Most injured workers are not familiar with the full scope of their legal rights under workers' compensation law. Without the guidance of a lawyer, you may not fully grasp the benefits you are entitled to, including wage loss payments, medical coverage, rehabilitation services, and more.
2. Inability to Accurately Value Your Claim: Valuing a workers' compensation claim is more complicated than simply calculating current medical bills. Future medical care, lost wages, permanent disability, and potential long-term care costs should all be considered. A lawyer can accurately estimate these factors, ensuring you receive the compensation necessary to address your needs.
3. Challenges in Negotiating a Fair Settlement: Insurance companies negotiate settlements every day, and they are skilled in reducing claim costs. Without experience in negotiation, you may struggle to advocate for yourself effectively, leaving you with a settlement that does not fully cover your losses.
4. Risk of Future Complications: Injuries can worsen over time, or new complications may arise after the settlement is finalized. Settling without a lawyer increases the risk that you will accept an agreement that doesn’t take future medical needs into account, potentially leaving you responsible for paying out-of-pocket for care.

Benefits of Hiring a Workers' Comp Lawyer

Hiring a workers' compensation lawyer to assist with your claim can significantly improve the likelihood of receiving a fair settlement. While it is not mandatory to have legal representation, there are several advantages to consulting an attorney before accepting a settlement offer:

1. Lawyers Can Accurately Value Your Claim

One of the key benefits of having an attorney represent you in a workers' compensation claim is their ability to accurately value your claim. This means considering all factors, including medical bills, lost wages, rehabilitation costs, and future medical care. Attorneys have experience assessing both current and long-term needs, ensuring you receive adequate compensation.

2. Legal Representation Often Results in Higher Settlements

Studies have shown that injured workers with legal representation generally receive higher settlements than those who settle without a lawyer. Insurance companies are more likely to offer fair settlements when they know an experienced attorney is advocating for the injured worker. Attorneys can also push back on lowball offers, using their knowledge of the law to negotiate for a better outcome.

3. Lawyers Can Negotiate on Your Behalf

Effective negotiation is critical when settling a workers' compensation claim. Lawyers understand the tactics used by insurance companies to minimize payouts, and they know how to counter these strategies. By allowing an attorney to negotiate on your behalf, you are more likely to secure a settlement that covers both your immediate and long-term needs.

FAQ 

How Long Does Workers Compensation Last In Maryland?

Workers’ compensation can vary from a few weeks to many years. In Maryland, the length of workers' compensation can change widely depending on the type of injury, the severity, and the nature of the benefits being received. 

Is Workers’ Comp Taxable in Maryland?

Workers' compensation benefits are not taxable in Maryland. This applies to all payments made under the Maryland Workers' Compensation Act.

How Long After Workers Comp Settlement Do I Get Paid in Maryland

After receiving approval from the Maryland Workers' Compensation Commission (MWCC), workers can expect to receive full payment within approximately 15 days, although the entire process from agreement to payment typically takes around 45 days.

Final Thoughts 

While it is legally permissible to settle a workers' compensation claim without a lawyer, doing so can be disadvantageous for injured workers. Initial settlement offers from insurance companies are often lower than what you may be entitled to, and without proper legal guidance, you could accept a deal that doesn’t cover future medical expenses or lost wages. A workers' compensation attorney can help you navigate the complexities of the process, ensuring that your rights are protected and that you receive fair compensation for your injuries.

If you are considering settling a workers' compensation claim, contact Shultz Legal to ensure you are making the best possible decision for your health, finances, and future well-being. Legal representation can greatly improve your chances of a positive outcome, and help you secure the compensation you deserve. Click here for a free consultation!