The Benefits of
Structured Settlements
Once
a worker suffers an occupational injury while working for you, he or she
becomes your responsibility for life. If the injury recurs or flares up, the
employer remains responsible for providing the necessary medical treatment.
This holds true even years after a relatively minor accident.
Some
workers’ compensation claims remain open for years, or even decades. Using a
structured settlement can help both your organization and the injured employee
move forward.
Structured
settlements generally come into play when an injured worker ends up suing the
employer for additional amounts or for a subsequent injury. Under a structured
settlement, the claimant generally agrees to stop any legal action. In return,
he or she receives a settlement payment from the defendant — in this case, the
employer. This releases the employer from future obligations for that
particular injury. This avoids a long, drawn-out court case and allows both the
employer and employee to move on.
When
a plaintiff receives a settlement, it can come in the form of a lump sum or as
a structured settlement. With a structured settlement, the plaintiff receives
periodic scheduled payments. Payments can last for a year, for the claimant’s
lifetime or somewhere in between.
When
an organization and employee agree to a structured settlement, they will
generally use a structured settlement broker. An experienced broker can help
you negotiate the terms of the agreement and arrange funding. Structured
settlements generally are funded by a single-premium annuity contract held by
the employer.
A
lump-sum payment will often count toward taxable income. With a large lump sum,
taxes could take a considerable percentage. Structured settlements may have
some tax advantages
Structured
settlements offer the following advantages:
ˇThey
release employers from future obligations. Both the employer and employee can
move on.
ˇThey
provide a continuing stream of income to injury victims. This minimizes the
risk that injured workers will spend away their claims proceeds and run out of
money.
ˇThey
can provide injured workers a tax-free source of income. Lump-sum payments are often considered
taxable income. If a worker receives a large lump-sum payment, taxes will take
a considerable chunk of it.
ˇThey
typically prohibit the claimant from assigning or transferring his/her rights
to receive future payments. This helps prevent fraud, embezzlement and running
out of funds.
For
more information on using structured settlements, please contact the PCOC
Insurance Program department of EPIC at (877) 860-7378 or, email us @
ProPest@epicbrokers.com. Also check out: www.pcocinsurance.com.