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Worker's Compensation

FAQs: Do You Get a Settlement from Workers Compensation?

Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome, but relieve the legal burden from your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

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Frequently Asked Questions - Do You Get a Settlement from Workers Compensation?

It depends. There is never a requirement for an injured worker to ever settle their case. However, this works both ways. The employer and the insurance carrier (“Employer/Carrier”) don’t ever have to settle the case either. Therefore, the only way a workers’ compensation case ever settles is if you and the Employer/Carrier are able to reach a settlement agreement that makes sense to both sides. No one can force the other side to settle a workers’’ compensation case, not even the Judge of Compensation Claims (“JCC”).

This is a difficult concept for most people going through a workers’ compensation case for the first time to understand. If a settlement agreement cannot be reached voluntarily between the parties, the case may never settle.  And, the JCC does not have the power or authority to award a settlement of your case.   In any workers’ compensation case, you are ultimately faced with two options. The first option is to keep your case open and receive ongoing treatment for your injuries with a doctor authorized by the insurance company.  If there are issues with your workers’ compensation benefits, you have the right to file claims with the court and have those specific issues addressed by the court.   Again, the JCC would only have the power to rule on the specific claims at issue and cannot award a lump sum settlement.

The only other option other than keeping your case open is the possibility of settling your workers’ compensation case for a lump sum amount of money in exchange for closing out the case. As indicated above, settlement is always voluntary. Your right to authorized medical care and any right to future lost wages would end in exchange for a lump sum amount of money. And, if your claim is denied or disputed in some way by the Employer/Carrier, you would be agreeing to settle instead of having those issues resolved by the JCC. Again, the JCC has no power to settle your case, but can resolve medical or lost wage disputes that may arise in your case. 

It is extremely important to note that most employers and their workers’ compensation insurance carriers will require you to leave your job as part of any settlement agreement.   You are also often precluded from working for the employer in the future.   These potential requirements could be a deal breaker for you if you do not want to leave your job or agree not to seek rehire.  If you are no longer employed by the same employer where you were injured, this is obviously a non-issue.   

However, you are also usually required to execute a General Release which would preclude you from suing the Employer/Carrier for any possible disputes outside of workers’ compensation such as overtime disputes or wrongful termination.  While these potential issues would not be part of your workers’ compensation claim, this is usually required as part of your workers’ compensation claim..   These potential requirements can often be a deal breaker for an injured worker if they are not ready to leave their job or wish to pursue other claims outside of worker’s compensation.  However, there are rare situations where you may not be required to leave your job as part of a settlement agreement.   And, sometimes you would not be required to sign a General Release although both are typically required.   When negotiating a potential settlement agreement, it is important that you understand all of the terms and conditions of any offer to see if settlement makes sense or not.   Therefore, if you are possibly interested in settlement but not willing to leave your employment, you will want your attorney to find out if this is a requirement to any settlement agreement. 

If the Employer/Carrier requires a separation of employment to settle and the injured worker is not interested in leaving their job, the claim will not settle unless circumstances change. In those situations, the injured worker should simply continue treating with the authorized doctor on a regular basis so the statute of limitations does not run. As long as the injured worker does not let the statute of limitations run, the claim will almost always have some settlement value once circumstances change.  Obviously, there are many reasons why employment with a particular company may come to an end. Some people quit their jobs to work elsewhere. Some people plan to retire at some point. People get fired for reasons unrelated to their work accident. Some people are physically unable to return to their job position at the time they were hurt. Others relocate to a new city or state.   If/when circumstances change regarding your work status, you may want your attorney to contact the Employer/Carrier to begin negotiating a potential settlement on your behalf. 

If you are interested in the possibility of overall settlement, you will want to have discussions with your attorney to begin the process.  The Employer/Carrier rarely makes an offer without the injured worker starting the negotiations by providing an initial demand for settlement.  Typically, your attorney will provide an initial demand for settlement on your behalf often starting significantly higher than the case is probably worth.    Obviously, the goal is to encourage the Employer/Carrier to offer as much money as possible understanding that they have no obligation to settle either.

Settlement negotiations can happen a number of ways. Some cases settle through informal negotiations between the parties by way of phone calls, emails or letters. However, in order for an agreement to be legally binding, it must be made in writing outlining the terms so there is no confusion later.   Therefore, you want to be absolutely sure about your decision before instructing your attorney to accept an offer on your behalf since you will not be able to change your mind later. 

In most situations, the Employer/Carrier may be interested in overall settlement, but this does not mean they will make a reasonable offer. While there are some cases that an Employer/Carrier may offer nothing to settle, as is their right, this is fairly unusual. In most situations, they are interested in discussing settlement, but the key is your willingness to separate from the company, sign a General Release and reaching a settlement figure that makes sense to both sides.  Remember, there is no requirement that the Employer/Carrier has to settle any more than you do.   

The value of every case varies depends on various factors but the same general rules apply. You and your attorney should discuss whether settlement makes sense at that particular point in time.  For example, if you are required to leave your job as part of the agreement and you do not wish to do so, settlement will not occur until circumstances change.   Or, if the Employer/Carrier makes you an offer but you feel it is too low, you have every right to reject it and continue to keep your case open.   Settlement negotiations can occur at any time if both sides are interested.

Settlement negotiations can also be conducted at a mediation. . Mediation is an opportunity for both sides to meet and attempt to reach an agreement with help of a neutral and independent mediator. Some mediations are court ordered while others are completely voluntary.  If both sides are interested in settlement, the Employer/Carrier may want to set up a voluntary mediation to discuss overall settlement only. If there are medical or lost wage claims filed on your behalf, a court ordered state mediation would need to occur before having your day in court on those particular issues.   While the real purpose of a court ordered mediation is to resolve any lost wage or medical issues, this is also an opportunity to discuss the possibility of overall settlement.  In most situations, the Employer/Carrier would prefer to discuss overall settlement of the entire claim rather than resolve a lost wage or medical issue since it would result in a complete resolution of your case. 

In sum, settlement is always a possibility, but never a requirement, for you or the Employer/Carrier.   If settlement does not make sense to one side or the other or the parties simply cannot reach an agreement to the satisfaction of both sides, the case may never settle.   If you are interested in the possibility of overall settlement, you should immediately consult with a lawyer specializing in workers’ compensation to discuss further.   

No Fee Unless We Win or Settle!

At Trial Pro, our traffic collision attorneys operate on a contingency fee basis. That means we cover the costs of investigating, constructing, negotiating and litigating your lawsuit. We do not bill you anything unless we recover compensation on your behalf. If we do not win your case, you will owe us nothing.

Our Orlando injury attorneys also offer potential clients no cost evaluations to discuss the details of their claim and determine if you have a suit. Schedule a Free Consultation

If you or somebody else you love has been impaired due to someone else's negligence or neglectfulness, you need a renowned attorney by your side who is familiar with the statutes and regulations in Florida.

Our Orlando injury attorneys are experts in personal injury lawsuits and have been acknowledged by our peers for our success. Several of our lawyers have been mentioned as Super Lawyers and distinguished litigators for their success on behalf of our clients.

We have recovered favorable judgments and settlements that contributed in assisting personal injury victims recoup from their injuries, pain and suffering and medical bills, or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your personal injuries.

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With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients. Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

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Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you are unable to travel or adjust your schedule to make it to us. We're more than happy to come to you!

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FL Drivers Involved in Accidents in 2017

Annually millions of americans are injured, in many instances fatally, in car accidents. In 2011 only, more than 2.2 million people were hurt in the estimated 5,338,000 police-reported car accidents and 32,367 killed in traffic accidents involving automobiles, trucks, motorcycles, pedestrians, and bicycles.

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Our legal team is available 24 hours a day, 7 days a week, 365 days a year to answer your questions and offer expert advice. Our friendly staff is always accessible to meet or speak with you 24 hours per day, 7 days per week. If you or a loved one has been injured, please call Trial Pro immediately to speak with one of our Florida attorneys today. Remember, don't just hire any attorney, hire a Trial Pro!

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Each Trial Pro attorney and staff member is determined to see your case as far along as necessary to get you every cent that you deserve. Our friendly staff is always accessible to meet or speak with you 24 hours per day, 7 days per week. If you or a loved one has been injured, please call Trial Pro immediately to speak with one of our Florida attorneys today. Remember, don't just hire any attorney, hire a Trial Pro!

Piercy Stakelum Personal Injury Attorney

Piercy Stakelum

Senior Attorney

Piercy Stakelum, originally from New Orleans, Louisiana, is the senior attorney at Trial Pro., P.A. Mr. Stakelum carries a zealous nature and his motor is fighting for those who have been compromised. Ask him what his heart yearns for and he’ll summarize it in one word: justice.

Andy Rariden Personal Injury Attorney

Andy Rariden

Senior Attorney

Andy Rariden is a leading civil trial lawyer that adds to the collective legal expertise at Trial Pro, P.A. Although he is originally from Charleston, S.C., Mr. Rariden was raised in Florida. He carries over 20 years of civil trial experience and is committed to defending each of his clients.

Brian Davis Personal Injury Attorney

Brian Davis

Senior Attorney

Mr. Davis has built up over two decades of extensive experience trying and disputing cases for clients. Over time, the proficient lawyer has handled a wide range of cases, obtaining successes in lawsuits involving car accidents, medical malpractice, and more.

Don Williams Personal Injury Attorney

Don Williams

Senior Attorney

A native of Orlando, Don Williams has provided commitment and dedicated legal representation to clients throughout the area. The proficient attorney has a keen heart for helping others which is one among many attributes that distinguish him as a leader.

Tyler Nicoll Personal Injury Attorney

Tyler Nicoll

Senior Attorney

Born in Ohio, Tyler Nicoll is a dedicated personal injury attorney and an integral part of the Trial Pro, P.A. team. Mr. Nicoll was raised in Coral Springs, Florida. Mr. Nicoll's primary areas of practice include personal injury accidents, overtime disputes and other related matters.

Dale Albright Personal Injury Attorney

Dale Albright

Senior Attorney

Dale Albright holds over twenty years of professional legal experience under his belt and he is always ready to utilize it in favor of his clients. He is an established professional in the industry, uniquely qualified to provide legal counsel to individuals who have been compromised.

Steve Johnson Personal Injury Attorney

Steve Johnson

Senior Attorney

At the beginning of Steve Johnson's legal career, he advocated for clients such as General Motors and Ford Company. As time went by, the attorney realized he held a special interest for insurance disputes and decided to join the team of Trial Pro law professionals.

Marc Williams Personal Injury Attorney

Marc Williams

Senior Attorney

Marc Williams is an invaluable member of Trial Pro. P.A., dedicated to handling first party insurance claims arising out of Southwest Florida. He has been recognized as a professional in the field, becoming a recipient of the Florida Academy of Trial Lawyers Bronze Eagle Award.

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Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you at every degree. Our vow is to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or any other place that you find more convenient. You are always welcome to come into our office as well.

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The Trial Pro, P.A. attorneys carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured as a result of car accidents, slip-and-fall, workers comp’ cases and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

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After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to adequately represent you. You want a reputable law firm that will fearlessly fight to acquire optimal compensation on your behalf. This is exactly what Trial Pro, P.A. does. Our lawyers hold a strong reputation for winning cases, and we do everything in our hands to deliver the results you’re expecting.

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Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

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Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

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Experts in Personal Injury Law

At Trial Pro, P.A. We're expert Personal Injury Attorneys. Our trial lawyers in Fort Myers specialize in all types of personal injury claims. Trial Pro, P.A. was founded in 2001 and has grown to include five class A offices across Florida staffed with expert personal injury lawyers and support teams. Trial Pro and its expert Personal Injury Attorneys have been selected to Best Law Firms in America, Lawyers of Distinction, America's Top One Percent, Top 100 U.S. Law Firms, The National Trial Lawyers Top 100 Trial Lawyers, The Million Dollar Advocates Forum, and received many more distinctions and awards.

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Maximize The Value of your Case

At Trial Pro, we don't sit back, cross our fingers, and hope for our case to settle. Our Personal Injury Attorneys in Naples aggressively bring the fight to the insurance company. We'll leave no stone unturned in our effort to maximize the value of your case because we know that the only number that matters to you is the amount of money that you get in your pocket at the end. We fight for your harms, losses, pain, suffering, inability to enjoy life, disability, inconvenience, lost earnings, mental anguish, scarring, medical bills, and so much more. We understand how your injuries affect you and your family. We'll work hard for a fast recovery for you. But getting you the right money is much more important that just getting you fast money.

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While Trial Pro has the resources to fight the biggest companies, we're not a law factory and you're not "just another number." Our expert Personal Injury Attorneys in Tampa are much more than experienced, aggressive personal injury specialists. We're advocates for our clients in Tampa. We care deeply about you and your recovery, which is why the majority of our clients are referred to us by former clients, doctors, and other attorneys.

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Former Trial Pro, P.A. clients constantly testify of how happy they were when we resolved their case. This is our main priority – to go above and beyond their expectations. Yes, we measure our success by the number of court victories we’ve attained. However, we also measure effectiveness by our clients’ satisfaction and experience with Trial Pro, P.A. Most of them come from other firms feeling ignored and rejected. When they transfer over to us, we work hard to radically change their situation and win their litigation case.
If you are in one of these former clients’ shoes and find yourself strongly dissatisfied with your current car accident attorney or firm, we want to represent you!
Our injury attorneys are always happy to answer any questions you may have and inform you about the experience we provide.

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I would definitely come back to Trial Pro, because I can't even tell you the great experience I had. The comfort and the sense of the putting me at peace is priceless.

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Trial Pro, P.A. guided me carefully through my case and constantly kept me informed. I was astounded by the attorneys’ aggressive way of fighting.

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I’ve partnered with this reputable law firm for legal representation two times and both instances were victorious. Trial Pro P.A’s chief attorney, Piercy Stakelum, always took the time to sit with me and provide undivided attention.

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The transition was beautiful! I didn't have to do anything just sign and Trial Pro took care of everything for me.

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When we switched over to Trial Pro, I felt as if my voice was heard. I felt as if the person who was taking care of my case really understood me, and understood my needs.

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Our main priority is our clients’ healing and recovery process. While you focus on getting better, we focus on achieving quality results and obtaining victory for your car or truck accident lawsuit. Our attorneys carry over 100+ years of collective legal experience and have represented thousands of clients. We’ve also acquired millions of dollars in compensation on their behalf.

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Florida Personal Injury Lawyers with Best Results

A car accident can be scary and frustrating. When you experience a personal injury accident, the last thing you need on your plate is a law firm that can’t rightfully represent you. If your attorney’s firm is too small and consequently, it is getting pushed around, it’s time to reconsider your choice of legal representation. On the other hand, you do not want to have a fully loaded firm that is too busy to give you a call. The trial attorney’s at Trial Pro, P.A. carry credibility and reputation. We don’t ignore our clients or skip phone calls. Neither are we controlled by insurance companies.
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Take a moment to look at our Trial Pro, P.A. blog and read about issues related to car accidents, truck accidents, workers’ comp, insurance, slip-and-fall, trip-and-fall and more. Our attorneys not only strive to professionally represent their clients in litigation, but they are also strongly committed to educate them. At Trial Pro, P.A., we don’t withhold our personal injury knowledge. We are more than happy to share it with you.

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When you need expert legal counsel for your case, turn to the firm that has more than a century of collective legal experience and insight. At Trial Pro, P.A., we have put that experience to good use, advocating for thousands of clients over the years. In that time, our team has obtained millions of dollars in verdicts and settlements. As seasoned Florida personal injury lawyers and wage and hour attorneys, we know how to handle a comprehensive range of legal matters.

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Ever since 2001, the practice has held an exceedingly significant track record of successes. Every year, our reputable law firm is awarded for its impressive mark in the legal field. Trial Pro, P.A. has been recognized by Lawyers of Distinction, Florida Justice Association, Better Business Bureau (BBB) and more. Chief attorney Piercy Stakelum is a proud member of The National Trial Lawyers Top 100, an invitation-only organization compromised of highly regarded and credible lawyers. Trial Pro, P.A. has also been acknowledged by Super Lawyers. They recognize outstanding lawyers who have acquired exceptional professional achievement.

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ATTORNEYS PROUDLY SERVING THE INJURED AND THEIR FAMILIES

Trial Pro, P.A. is a proud advocate for personal injury clients throughout the State of Florida. The DNA and foundation of our law firm is passion. While we are passionate about the law, we are even more zealous about fighting for those who have been hurt due to the negligence of others. Our trial attorneys fully embrace authenticity and integrity. With over 100+ years of collective legal experience, our reputable law firm has become a trusted choice for injured individuals. Trial Pro, P.A. has a remarkable reputation for winning. After experiencing a car accident, the last thing you desire is to have an attorney that doesn't know how to adequately represent you. You want a trustworthy and reliable law firm that will walk you through every step of your case. You want a group of attorneys that will pursue justice on your behalf and acquire the maximum compensation. At Trial Pro, P.A., we don't see you as just another case number on our list. We don't turn our backs on you half-way throughout the process. Our former clients can testify that they've truly experienced the Trial Pro, P.A. difference. Quite frankly, most of them have pursued our representation because of others that have recommended us. There are a handful of characteristics that distinguish us from other lawyers but our credibility is the best one amongst all.

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We put into action our knowledge and legal abilities to assist you, not only to attain a positive outcome, but ease the legal stress from your shoulders simultaneously. Trial Pro, P.A. holds a reputation for achieving real success for clients. Leave it to us to fight wisely but aggressively.

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Expering a car accident can be frustrating and scary but our promises to you are fully authentic. Trial Pro, P.A.'s personal injury legal attorneys do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

Committed to Our Clients

You shouldn't have to beg for a call back from your attorney. You shouldn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claim. If we miss a call, we promise to always return it.

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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.