Often an approach will be made to an injured worker directly by an insurance company making an offer of settlement for lump-sum benefits to which the injured worker is entitled. The injured worker has an entitlement to claim lump-sum benefits commensurate with the impairment that results from the injuries if that level of impairment equates to at least 11% whole person impairment.
The insurer will usually arrange its own medical examination of the injured worker and make an offer of settlement. This may or may not be in the worker’s interests.
A recent case highlights the potential difficulty. Prior to instructing Brydens Lawyers an injured worker was offered compensation commensurate with a finding of 13% whole person impairment. The worker consulted Brydens to determine whether the offer was reasonable in the circumstances.
It was clear that the offer made by the insurer was not reasonable. The injured worker had undergone three separate surgical procedures and it was our assessment that he would be classified as a category 4 impairment which would entitle him to compensation commensurate with a finding of 20-24% whole person impairment.
A determination of whole person impairment of at least 15% also provides the worker with an opportunity to consider the prosecution of a common law claim in negligence as against the employer.
Often it will be seen that the insurer will make an offer to an injured worker for lump-sum benefits commensurate with a degree of whole person impairment of less than 15% so as to deny the injured worker the ability to bring a common-law action.
Brydens Lawyers are the experts in the bringing of claims on behalf of injured workers to ensure that they receive the maximum compensation to which they are entitled. If an insurer has made an offer of settlement to you then contact Brydens Lawyers on 1800 848 848 or at firstname.lastname@example.org for a free no obligation consultation to determine whether the offer of settlement is reasonable in the circumstances.
Brydens Lawyers are on your side to ensure that you receive the compensation to which you are entitled. The insurance company is not.
For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.