While the case did not meet the criteria for ABRAMS LANDAU cases, Doug Landau took on the claim of a young architecture student whose fingers were severed in a workplace accident. When it came time to settle the case, the client a very good question. Why is there some much paperwork to settle a small comp claim ? For example, in Virginia, the injured worker must read and sign the following documents before a judge will approve the compromise settlement:
- Petition (requesting the compromise settlement),
- Order (of settlement, which the just signs and the clerk stamps),
- Affidavit (stating that the injured worker understands their rights, the terms of the settlement, and the potential benefits that may be affected if the paperwork is approved), and
- Confidential Cover Letter (by the injured worker’s lawyer explaining other factors relevant to the settlement, reimbursement of costs advanced on the client’s behalf and attorney fees).
These papers are for the INJURED WORKER’S PROTECTION. The Workers Compensation Commission will then send the injured worker a copy of the signed ORDER so that they see what terms have been approved and so that they can know when to expect their direct payment from the insurance company. And, a lawyer who is not licensed in the state is not permitted to execute settlement papers. Again, this is for the injured worker’s benefit. If you have questions about the settlement of a Workers Comp claim, please contact us.