Kimmel Carter Partner, Jon O’Neill spoke on a panel in regards to commutation in workers’ compensation cases. Attorney O’Neill, a fifteen-year veteran in Delaware’s legal landscape explains some of the specifics of global commutation.
Attorney O’Neill goes on to explain the sacrifice of commuting a case. Delaware’s injured workers’ are entitled to seven basic rights under the Workers’ Compensation law. Medical expenses, temporary total wage disability (TTD), mileage reimbursement, scarring and disfigurement benefits, permanent impairment benefits, partial disability benefit, or potentially permanent total disability benefit. Commutation is a lump sum one-time pay out to the injured worker to cover all of these aspects.
Attorney O’Neill explains to his clients that once they have agreed to commute their case any future treatment will not be covered under their workers’ compensation claim. One time lump sum payouts are enticing to clients, but O’Neill carefully evaluates any offers with clients, and explains the problems they may face in the future.
If you are injured in the work place and the insurance company has offered you a one-time lump sum pay out, contact Attorney O’Neill to investigate your case.
Delaware Law Article: O'Neill covers commutation