This BWC workplace injury calculator is meant to give you a starting reference point when you are negotiating the settlement of your BWC claim. There are a number of additional factors they may come into play which may lessen or decrease this value. In addition there are circumstances where an employer may not wish to settle your claim or they may not be in a position to settle your claim for the value you wish because the impact the settlement may have on the employer’s workers comp premiums.
Usually, if the workers comp claim is still within the employer’s experience, the employer will not sign off or give authorization to any settlement. If a claim is still within your employer’s experience ( which is roughly between 4.5 to 5 years after the date of your injury ), then the only possible way to get the employer to the negotiating table is to file a condition into court. Most of the time, the employer will be open to settlement negotiations if a denied workers comp claim has been filed into court, or a denied condition has been filed into court.
The process will involve your workers comp attorney sending a settlement demand to your employer and the attorney general representing the BWC. A settlement conference will be scheduled. At that settlement conference your attorney will negotiate on your behalf. The attorney will then either accept or reject the settlement based upon the settlement authority you have given. Sometimes it makes sense to settle, sometimes it does not, then you go to trial.
If you wish to learn more about the Ohio BWC settlement process, please contact a Ohio workers comp attorney at Malek & Malek at 614-444-7440, or email firstname.lastname@example.org
If you would like to see past settlement values we have negotiated on behalf our clients, click here.