If you’ve been injured on the job, navigating the workers’ compensation process can feel overwhelming. One of the most important aspects of your case is understanding the settlement process and what to expect. In California, workers’ compensation settlements are designed to cover medical expenses, lost wages, and future care.
This guide will walk you through the basics of workers’ compensation settlements, so you know what to expect if you’re considering a settlement after a workplace injury. Contact PLBH at (800) 435-7542 for a free legal consultation.
Types of Workers’ Compensation Settlements
In California, workers’ compensation settlements generally fall into two categories: Stipulated Findings and Award, and Compromise and Release (C&R). Understanding the difference between these settlement types will help you determine the best option for your situation.
Stipulated Findings and Award
A Stipulated Findings and Award is a settlement where both parties agree on the benefits to be paid. This option typically provides ongoing benefits, such as future medical care, and often includes periodic payments. This type of settlement can be beneficial if you expect to need further medical treatment for your injury. However, it may not provide a lump sum payout.
Compromise and Release (C&R)
A Compromise and Release settlement typically involves a one-time lump sum payment. This settlement type closes the case completely, meaning the insurance company is no longer responsible for covering any future medical expenses related to your injury. While a C&R offers immediate financial relief, it’s important to carefully consider whether the lump sum is enough to cover future medical costs.
How Workers’ Compensation Settlement Amounts Are Determined
The amount you can expect from a workers’ compensation settlement depends on several factors. In California, settlements are based on the severity of your injury, your future medical needs, and the impact of the injury on your ability to work. Some key factors include:
- Medical Expenses: The settlement should cover all current and future medical bills related to your injury, including surgeries, physical therapy, and medications.
- Lost Wages: If your injury has affected your ability to work, your settlement will include compensation for lost wages. This calculation is typically based on your earnings before the injury.
- Disability Rating: If you have a permanent disability, your settlement will reflect a percentage based on the extent of your impairment. The higher your disability rating, the larger your potential settlement.
- Future Care: If ongoing treatment or future surgeries are necessary, this will impact the settlement amount. It’s important to ensure that future medical needs are factored into the settlement, especially in a Compromise and Release settlement.
Steps to Reaching a Workers’ Compensation Settlement
Reaching a workers’ compensation settlement can be a lengthy process, but understanding the steps can help you feel more prepared. Here’s what you can expect:
1. Negotiation with the Insurance Company
The first step toward a settlement is negotiating with the insurance company. They will likely offer an initial settlement amount, but this may not fully reflect your needs. Working with a workers’ compensation attorney at PLBH ensures you have an advocate who can negotiate on your behalf to secure a fair settlement.
2. Medical Evaluations
You’ll need to provide medical evidence to support your claim. This often includes reports from doctors, physical therapists, and other specialists who can document your injury and future medical needs. The insurance company may require an independent medical evaluation to verify your claims.
3. Reaching an Agreement
Once both parties agree on the terms of the settlement, the agreement will be submitted to a workers’ compensation judge for approval. This ensures that the settlement is fair and that you are not being shortchanged. The judge will review the settlement details to ensure that they adequately cover your medical needs and lost wages.
4. Receiving Your Settlement
Once the settlement is approved, you will receive the agreed-upon payment. Depending on the type of settlement, you may receive ongoing benefits or a lump sum payout.
Common Questions About Workers’ Compensation Settlements
Here are a few common questions that many injured workers have when considering a workers’ compensation settlement in California:
- Can I reopen my case after a settlement?
If you agree to a Compromise and Release settlement, your case is closed, and you cannot reopen it. However, with a Stipulated Findings and Award, you may be able to reopen your case if your condition worsens. - How long does the settlement process take?
The settlement process can vary, but it typically takes several months from the time negotiations begin to when the final payment is received. - Do I need an attorney to settle my case?
While it’s possible to settle a case on your own, having an experienced workers’ compensation attorney from PLBH ensures that your rights are protected and that you receive the maximum settlement you’re entitled to.
Securing the Settlement You Deserve
Navigating a workers’ compensation settlement in California can be complicated, but having the right information and legal support makes all the difference. Understanding your options and knowing what to expect can help you make the best decision for your future. If you’ve been injured on the job and are considering a settlement, reach out to PLBH at (800) 435-7542 for guidance. We’ll help you through every step of the process to ensure you get the compensation you deserve.