Settlements

Oregon Workers' compensation claims sometimes settle. A "settlement" is a compromise where you receive a lump sum in exchange for giving up forever your right to valuable benefits, including your "award" for permanent partial disability. A "settlement" should not be confused with an "award." An "award" is a benefit for your permanent partial disability caused by your injury and is a part of your accepted claim.

Oregon Workers' Compensation settlements come in one of two varieties. One form is called a "Disputed Claim Settlement" (DCS). When the worker and employer enter into a DCS, they are agreeing that the facts can go either way, with each said facing a substantial risk of losing at hearing. To avoid the risk of losing, the injured worker and employer agree on a compromise that gives the injured worker a lump sum. Afterwards, the worker is on his/her own for all matters concerning the condition that was settled out, including medical expenses.

The second type of settlement is called a "Claims Disposition Agreement" (CDA). Here, the worker and the employer have compromised a claim that has already been determined compensable. The worker receives a lump sum in exchange for giving up the right to all future benefits except medical benefits that are reasonable and necessary.

If you receive a settlement offer, Please contact me at (503) 620-3171 or at slgabin@pacifier.com for a free consultation to make sure you understand what you are signing away. You do not want to give up forever your right to valuable benefits unless the "settlement" makes sense and the settlement documents are written properly.

Poorly drafted settlement documents could affect your right to receive Social Security Disability. So, do not sign settlement documents without legal advice.

Fees

If we settle your claim, my fee is 25 percent of the first $17,500, and 10 percent of any amount above $17,500.

Free Consultation

Please contact me at 503 620-3171 or at slgabin@pacifier.com for a free consultation. I return all calls and reply to all emails within 24 hours.