Workers Comp Matters

Settle Down: How Settlements Work in Workers’ Comp Cases

Workers Comp Matters

Show Notes

To settle or not to settle, often a question. Our guest, Jim Anderson, is a well-known Workers’ Comp attorney and a leader in the field in Mississippi. His input about “settlements” are respected, and he has led the field in helping both sides reach a solution. The best claim is a closed claim. Is it sometimes better to simply settle a case fairly, to reach an accord, than let it linger and get worse. When a significant injury is involved, going before a judge can be risky. Seeking a settlement that is fair can be a better solution. But how are settlement values calculated? This is the complicated part. Best case, worst case, and the fair target range. At what point do you make an offer? Every case is different, and there is no “standard.” By talking with each other, maybe we can understand what the worker needs and what the company is responsible for. This is Workers’ Comp, not tort cases. There is no “pain and suffering” as in a civil case, but that can be hard for workers to understand. And with older workers injured on the job, Medicare eligibility adds a whole new twist. It’s a major factor easily overlooked. A settlement isn’t always just between the insured and the worker, there are other parties to think about. This is an eye-opening episode full of insights into the fine art of settlements.

More from Workers Comp Matters

Oct 20, 2026

Artificial intelligence is all around us, in courtrooms, law offices, insurance claims processing, medical practices, and just about everywhere else. But what happens when AI makes its way into an actual Workers’ Compensation case. Today’s guest, Judge Frank McKay, is an appellate judge and a director of the Georgia State Board of Workers’ Compensation. This is a fascinating conversation on the cutting edge of Workers’ Comp management.

Sep 10, 2026

It’s been 25 years since 9/11. In this special episode, we revisit our conversation with Kenneth Feinberg, the architect of the federal compensation plan for victims and their families. As he asks in his book on the subject, “what’s life worth?”

Aug 31, 2026

Let’s go way down south to Alabama. As we know, Workers’ Compensation systems can vary from state to state. In this episode, we’ll explore the Alabama system with Birmingham-based Workers’ Comp attorney David Nomberg, a partner in the Nomberg Law Firm.

Jul 28, 2026

Let’s talk about work-related joint injuries and replacements. Sebastian Negrusa, Ph.D., joins Judson and Alan to share the Workers’ Compensation Research Institute’s (WCRI) new report, “Recent Trends in Joint Replacement Among Workers’ Compensation Claims.”

Jul 1, 2026

In this fascinating episode, explore how the Exclusive Remedy Rule works in the real and evolving world of Workers’ Compensation law. A recent case in Washington State, the Teela Bauer case, challenges the traditional exchange of employer civil protections for worker compensation in the case of workplace harm.

See all episodes →