How will my workers' compensation settlement be paid?
Question
I have a workers’ comp case- how will my settlement be paid?
Answer
Once the judge approves the settlement and enters a court order, the company typically has fourteen (14) days to pay.
How the Judge Approves a Settlement
If you settle your workers’ compensation case, you will have to go to court for a brief hearing for a judge to approve the settlement. This will generally consist of your lawyer asking you questions about the settlement in front of the judge, so that the judge can listen and make sure you are voluntarily entering into the settlement (i..e that you understand you do not have to settle your case and that no one is forcing you to settle), that you understand the terms of the settlement (i.e. what you will receive as your net settlement amount after any attorney’s fees or costs), and most importantly, that you understand the consequences of the settlement (i.e. that your case is going to be over forever and all time).
When You Get Paid for Your Case
Once you do this, and the judge approves the settlement, the judge will typically enter a court order right then and there approving the settlement before you leave. It is from that point that the employer/insurance company has fourteen (14) days to pay you your settlement money. Typically, the insurer will send one check directly to you for your net settlement amount, and send a second check directly to your attorney for the attorney’s fee.