Workers' Comp Settlements in Alaska
Whether a workers' comp claim can be settled in Alaska, who must approve the settlement, and how long benefits can last.
Short answer: Claims can be settled through a compromise and release (C&R), a written settlement agreement that resolves all or some issues in the case. AS 23.30.012; Alaska Division of Workers' Compensation, Workers' Compensation and You (Definitions: Compromise and Release)
| Settlements | Claims can be settled through a compromise and release (C&R), a written settlement agreement that resolves all or some issues in the case. If the worker is not represented by an attorney, the Workers' Compensation Board must approve the agreement for it to be binding. A separate rule applies to lawsuits against third parties: the worker must get the workers' comp insurer's written consent before settling a third-party case. |
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| How long benefits last | Temporary total disability is paid until the worker is medically stable or can return to work, whichever comes first. Temporary partial disability is paid until medical stability or for up to five years, whichever comes first. Permanent total disability is paid until the disability ends or until death. Permanent partial impairment is a set amount based on the impairment rating and is usually paid in a lump sum (or every 14 days while the worker is in the reemployment process). The Division explains that medical stability means no further objectively measurable improvement is expected from more medical care. |
| Lawyer fees in comp cases | Attorney fees in Alaska workers' comp cases are governed by AS 23.30.145 and awarded by the Workers' Compensation Board. Subsection (a) applies when an employer controverts a claim and sets a minimum fee but not a maximum; subsection (b) requires the employer to pay reasonable fees when it delays or resists payment and the worker's attorney successfully prosecutes the claim. The Board considers the nature, length and complexity of the services and the benefits obtained. |
Where to get help in Alaska
More Alaska workers' compensation
- Filing a Workers' Comp Claim in Alaska
- How Much Workers' Comp Pays in Alaska
- Retaliation for Filing Workers' Comp in Alaska
- Appealing a Denied Workers' Comp Claim in Alaska
- All Alaska workers' compensation rules
FAQ
How do workers' comp settlements work in Alaska?
Claims can be settled through a compromise and release (C&R), a written settlement agreement that resolves all or some issues in the case. If the worker is not represented by an attorney, the Workers' Compensation Board must approve the agreement for it to be binding.
How long can you receive workers' comp in Alaska?
Temporary total disability is paid until the worker is medically stable or can return to work, whichever comes first. Temporary partial disability is paid until medical stability or for up to five years, whichever comes first. Permanent total disability is paid until the disability ends or until death. Permanent partial impairment is a set amount based on the impairment rating and is usually paid in a lump sum (or every 14 days while the worker is in the reemployment process).
How much can a workers' comp lawyer charge in Alaska?
Attorney fees in Alaska workers' comp cases are governed by AS 23.30.145 and awarded by the Workers' Compensation Board. Subsection (a) applies when an employer controverts a claim and sets a minimum fee but not a maximum; subsection (b) requires the employer to pay reasonable fees when it delays or resists payment and the worker's attorney successfully prosecutes the claim. The Board considers the nature, length and complexity of the services and the benefits obtained.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.