There are a lot of factors that go into a determination as to whether or not a case actually needs to be fought. All cases, whether they’re going to be settled or not, actually have to be filed at some point. However, the determination as to whether or not to file it early would depend on whether or not the employer’s paying temporary total disability payments, whether they’re accepting liability, and also whether or not the employee is getting a compensation amount that is considered fair. Once negotiations have broken down, and it’s obvious that the parties are not going to be able to settle, then the employee’s going to need to file their claim with the Workers’ Compensation Commission.
At that point, you’re basically filing a lawsuit. Once you’ve filed the application for adjustment of claim that is when the actual lawsuit would begin. Sometimes the lawsuit is not filed right away because it appears that it is going to be settled but all claims have to be approved by the Commission. Therefore, eventually that claim is going to have to be filed; it’s just a matter of whether or not another attorney that represents the employer is going to be involved.