claim has been accepted, but my insurer has offered to settle my claim. Can I
settle my accepted claim?
Yes. On an accepted claim, you can
enter into a claims disposition agreement (CDA). A CDA is a legal agreement
where in return for an agreed-upon amount of money, you give up your right to
and future time-loss benefits
and future permanent partial disability awards
payments for permanent total disability
rights to reopen your claim
However, you cannot release your
right to medical benefits or eligibility for the Preferred Worker Program. All
claim disposition agreements are reviewed by the Workers’ Compensation Board,
which approves or disapproves the agreement.
My insurer has offered to settle my denied claim. Can I settle a denied
Yes. When you disagree with the
insurer about whether you have a valid workers’ compensation claim, you and the
insurer may resolve the dispute by agreeing to a disputed claims settlement
(DCS). When you settle your claim, you agree to give up all rights to future
benefits for the denied medical conditions. Medical providers can bill you for
unpaid services, so find out what your obligations will be before you agree to
approval of a claims disposition agreement (CDA) or a disputed claims
settlement (DCS), how long does the insurer have to issue a timely payment?
CDA — The insurer must issue
payment no later than the 14th day after the board or administrative law judge
(ALJ) mails notice of its approval of the agreement to the parties (e.g.,
worker, insurer), unless otherwise stated in the agreement.
DCS — Generally, the settlement
specifies a time frame for issuing payment (e.g., 30 days). If the insurer has
not issued payment within a reasonable time frame, you can submit a written
request to the insurer for payment.
We encourage legal representation when settling
your workers’ compensation claim. See Need an Attorney