Almost every injured employee with a Minnesota workers’ compensation claim will eventually be faced with the question, “Should I settle my case, go to a hearing, or risk a workers’ compensation trial?” Your decision will have long lasting consequences and should only be made after taking a number of different factors into account. Make sure you carefully consider your options before settling your Minnesota workers’ compensation case.
Has the Employer/Insurer acknowledged that you sustained an injury while in the course and scope of your employment? Do they acknowledge that your current condition/symptoms are causally related to the admitted injury? Whether or not the Employer/Insurer acknowledge liability and/or causation for your injuries is probably the most important factor that plays a role in evaluating your settlement options.
If there is a dispute regarding your right to Minnesota workers’ compensation benefits, the Employer/Insurer may deny primary liability on the basis that your condition is not causally related to your work injury. The most common situation is when the Employer/Insurer acknowledge that you sustained an injury but allege that your current condition is caused by a pre-existing condition or a subsequent injury.