Put it in Practice September 2022: Monthly Tips for Florida WC Professionals
IT’S NEVER TOO EARLY TO SETTLE WITH AN UNREPRESENTED CLAIMANT
Society is bombarded with claimant attorney ads on radio, buses and TV, as well as on “giant check” billboards. Injured workers are hiring attorneys earlier than ever, but you STILL have an opportunity to settle early, avoiding delay and litigation expenses.
Follow these steps to maximize your chances for a swift and reasonable settlement:
- Obtain initial statements from the claimant and employer, and any video of the accident.
- Check DOAH / OJCC for prior claim history, as well as obtaining an ISO and medical canvas. Knowing this can help you value your current claim.
- Review the medical records before the worker is referred to a specialist, to gauge the severity of the injuries and likely future costs.
- Before they hire an attorney: Discuss the settlement option and make an initial offer. We can work out MMI later in the right cases.
- If the claimant accepts, ask them to confirm in writing it is voluntary and not coerced. You will then need to check whether they are a Medicare recipient, run a conditional payment search if needed and obtain an MMI date and a rating.
- After they hire an attorney; ask the attorney about settlement interest, send a payout ledger and current medical records and make an early offer.
If you have questions about this topic, please feel free to reach out to one of us at HR Law and we will guide you through it. This month’s author is Paul Terlizzese PaulT@hrlawflorida.com