Final Hearing & Settlement

Mark | Lavigne, LLC has represented hundreds of clients in workers’ compensation matters.

Typically, a workers’ compensation claim will result in a settlement. Once your matter has been set for a final hearing, Mark | Lavigne, LLC team will review the expert reports from both the respondent and the petitioner, speak with you about the value of your injury, and make a recommendation as to the settlement amount.

Once the employer and the employee agree on a monetary settlement, the parties will then proceed before the court for the settlement hearing. At the hearing, the parties stipulate the facts of the case, including the amount of the settlement, and a workers’ compensation judge must approve the settlement.

A settlement may be in the form of an order approving settlement or an order approving settlement with the dismissal. These are two very important, yet very different forms of settlement.

• Order approving settlement: In this form of settlement, you are paid a sum of money. The insurance company will send periodic payments (typically bi-weekly) until they total the settlement agreed upon. Once you have received the final payment, you have a right to re-open your case within two years after receiving your last check.
• Order approving settlement with a dismissal: In this is the type of settlement, the insurance company pays you the amount you agreed upon. Once the final payment has been made, all benefits through workers’ compensation terminate. This means that, unlike an order approving settlement, an order approving settlement with a dismissal grants you no future rights to medical treatment or to re-open your case.

Mark | Lavigne, LLC is here to help you understand your options. We offer free consultations to employees who have been hurt at work. Contact us online or call us at 908-460-8996 for your free consultation.