Typically, when you file for worker’s compensation, the claims adjusters want to handle things simply without an unnecessary amount of time or energy put in. This is something that is both good for the injured party and the insurance company. However, sometimes you will get those claims adjusters that just don’t want to play ball. Something their personalities, negotiating style, or even company policy makes it difficult for you to get the settlement you deserve. This is something that can be as frustrating as it is confusing, so what do you do when your insurance company just refuses to settle?
Persist
The good news is that in many cases, your claims adjuster is bluffing. They will make a ridiculously low initial offer and stick to their guns with no justification whatsoever. They hope that this bluffing tactic will intimidate or frustrating you into accepting a settlement that likely will only cover a fraction of what you are entitled to.
If you know that your claim is definitely worth more, you have to stand firm right back to them. It can take much longer to get a settlement, but at least you will get what is owed to you. Be sure to call them regularly every couple of days asking them when they will make a reasonable settlement offer. Showing your persistence will make many adjusters often come up with a fairer offer.
Under Minnesota state law, you are under no obligation to settle a worker’s compensation case, so never let them pressure you into doing it. During this time, if you find you need surgery or other medical treatment, be sure to get it in writing for your doctor, this will make your claim able to get better coverage.
Consult an Attorney
If the worker’s comp insurance company fails to settle your case fairly, it will them proceed to the worker’s comp appeals board. Like any court case, this can be a gamble, and your insurance company may want you there because they are sure they can win. If they do, it can leave you with little or no benefits. On the other hand, if you win, you may win much more than their original settlement offer.
While you can plead your case on your own, if you want to win, it will definitely be worth the money to invest in a personal injury attorney to represent you. Not only are they familiar with all the worker’s compensation laws in Minnesota, but they can argue effectively on your behalf. Even before your worker’s comp case goes to court, and you are hoping for a settlement, it might be worthwhile to have your attorney start to make contact with the insurance company just to show them that you are very serious about fighting for what you deserve.
Finally, your attorney may be able to clear your eyes. You may see a settlement as paltry, while the standard actually says it is quite fair. They will know the numbers and they will also know if there is something in your claim that might be devastating if you go to court, like liability and causation, which is when your employer acknowledges that the injury happened at work and because you were actually working. Minnesota is a No-Fault state which typically prevents employers from arguing this, but the denial can dramatically hurt your case. If you also failed to document your injuries, your case may also have been badly compromised and your attorney can work with you to fix this.
Even if your insurance company does decide to settle, it is wise to consult an attorney just to make sure you are getting what is fair to you. If you are filing a worker’s comp claim in the Minneapolis, contact us to see what the Meshbesher Law Firm can do for you.
