Whether you’re wondering about timing, how to spot a lowball offer, or how to leverage your situation for the best outcome, this guide will give you the insights you need!
Catching a lowball settlement offer isn’t always easy, especially if you’re not familiar with how workers’ comp cases are valued. Insurance companies are all about keeping costs down, so their first offer is usually just that—a tactic to save money.
One clear sign of a lowball offer is when the amount doesn’t line up with how serious your injury is or the evidence you’ve provided. For instance, if your average weekly wage or medical records clearly show you deserve more, an offer that falls short of that is probably too low.
Keep in mind, insurance companies like to wrap up cases quickly. The sooner they settle your claim, the less they have to spend on things like medical bills or lost wages. Sometimes, that first offer is like a “baited hook,” tempting you to settle before you really understand how much your case is worth.
The value of your workers' comp case isn’t random—it’s based on key factors that help guide negotiations. One of the biggest pieces of the puzzle is your average weekly wage, which is the starting point for figuring out your benefits. The higher your average weekly wage, the more it can bump up your potential settlement.
Another big factor is the level of disability or impairment you have. Medical evaluations play a huge role here, showing how your injury impacts your ability to work. These reports often help determine how long you’ll get benefits and what type you qualify for.
If you’re in states like New York, tools like the Workers’ Compensation Board’s medical treatment guidelines for permanent impairment can give you a clearer picture of how your case might be evaluated. These guidelines even help doctors measure how much your injury limits you, which can be super useful in figuring out what your case is worth.
When you get a settlement offer, it’s tempting to say yes just to get it over with—but take a breath before deciding. How you respond to an offer can have a big impact on your case, especially if it feels like the offer is way too low.
If you think the offer doesn’t match what your case is really worth, don’t hesitate to turn it down. Saying no to a lowball offer doesn’t mean the process is over—it’s just part of negotiating. Your attorney can often use this as a chance to push for more by pointing out where the insurance company’s valuation falls short.
And don’t worry—rejecting an offer doesn’t mean you’re burning bridges. Sometimes, just showing you’re not willing to settle for less can motivate the insurance company to come back with a better deal. They know dragging the case out could cost them more in the long run, like paying for more medical care, lost wages, or even litigation expenses.
Negotiating is where the real work happens if you want to get a fair workers’ comp settlement. It’s not just about throwing numbers around—it’s about using the facts and evidence in your case to prove why your claim is worth more.
One of your biggest assets in negotiation is your documentation. For example, if you’ve got solid proof of a high average weekly wage, you can push back if the insurance company tries to lowball you. Detailed medical records and permanency evaluations are also crucial—they give you the backing to argue for a higher settlement.
Having a good attorney in your corner makes a huge difference here. They know how to spot hidden value in your case—things you might not even think about—and use that to build your case. Plus, they’re skilled at dealing with the tricks insurance companies use to try and bring your settlement offer down.
Timing is everything when it comes to settling a workers’ comp claim. Settling at the right moment can make a big difference between getting a fair payout and leaving money on the table. So, how do you figure out the best time?
The trick is to settle when your case still has value—what people often call having “meat on the bone.” For example, if you’ve finished treatment and reached maximum medical improvement (MMI) but there’s still a chance for future expenses or benefits, that’s a great time to negotiate. If you wait until your benefits are almost gone or all treatments are wrapped up, you might lose some of your leverage to push for more.
Speaking of leverage, that’s a big deal in these negotiations. Let’s say you’re thinking about passing on expensive treatments, like surgery—that could actually work in your favor. Insurance companies usually want to avoid those high costs, so they might be more open to offering you a better settlement. If you suggest they put the money they’d spend on treatments toward your settlement instead, you could end up with a win-win situation.
I’ve been helping people like you navigate these situations for years, and I’d be happy to help you too. No pressure, no commitment—just a conversation to see where you stand and what options you have.
Give me a call at 212-406-8989, and let’s get your questions answered. I look forward to hearing from you!
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