Michigan workers compensation attorney explains the 15-day appeal process and how to speed up the payment of your settlement.
The vast majority of contested workers compensation cases are eventually settled. The reason for this is because of the uncertainty of trial. You can win and get all of your workers compensation benefits or you can lose and get nothing.
Your employer and its insurance company face a similar dilemma and they do not want to pay indefinitely. Workers compensation benefits cannot be easily stopped once a magistrate orders the payment.
The threat of trial provides a powerful incentive for both sides to resolve their differences with a lump sum cash payment. An experienced workers compensation lawyer can usually negotiate a fair settlement for your claim.
How do I settle my workers compensation case?
If you decide to settle your workers compensation case, it must be approved by a magistrate at a redemption hearing. The magistrate will be given an explanation as to why the case is being settled. The magistrate will also want to hear that you understand what benefits are being given up as part of the settlement.
Your workers compensation settlement will not become final for 15 days. During this period of time you can ask for a redemption review. If you ask for a redemption review, your settlement will not be set aside without good cause or a legal reason. Changing your mind about the settlement is not considered good cause. Once the 15-day appeal period expires, you should be sent a check within two weeks.
You can get your settlement check faster
You can request a waiver of the 15-day appeal period and receive your settlement check sooner. This will only be allowed if both sides agree and the Workers Compensation Agency approves the waiver.
If you waive the 15-day appeal period, your settlement becomes final on the same day as the redemption hearing. This means your check should be mailed to you immediately after the magistrate approves the settlement. Many employers will expedite payment and you should receive the check within a week.
Help is available for your workers compensation claim
An experienced workers compensation attorney will tell you if a settlement and 15-day waiver is appropriate for you. There is never an attorney fee unless you recover workers compensation benefits.
To speak with one of our workers compensation attorneys, call (855) 221-2667 for a free consultation.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.
– Photo courtesy of Creative Commons, by pheaber.