Workers’ Compensation Settlements in Los Angeles
When someone experiences a work-related injury or illness, workers’ compensation can help pay their medical bills, lost wages, and more. Sometimes, people choose to settle their claim for benefits. A workers’ compensation settlement is an agreed-upon amount an insurance company gives to an employee who was hurt on the job, usually in a lump sum. The person is paid on an ongoing basis, so they receive a specific amount every week or month, as well as medical care if it is reasonable and necessary. The parties may settle during any phase of the case.
If you are considering a workers’ comp settlement, it is best to speak with a legal professional first. Sometimes, a settlement is not in the employee’s best interest. On the other hand, a person may prefer to settle due to certain factors such as the permanence of their injury or life events. Whatever the reason, the claimant should hire a workers’ compensation attorney to evaluate all details when considering a settlement. If you are interested in pursuing a workers’ compensation settlement in Los Angeles, you should contact a determined and experienced attorney who can work to achieve a positive outcome for you.
How Workers’ Comp Settlements Work
In California, there are two different ways a workers’ comp case may be settled:
Stipulations with Request for Award (stips)
When someone chooses this route, they agree with the claims administrator on the amount of temporary or permanent disability payments they will receive, usually in weekly installments. The administrator typically also agrees to pay for medical care if necessary.
Compromise and Release (C&R)
When a person chooses a C&R, they agree with the claims administrator on an amount to resolve their claim, usually in one lump sum. If that payment includes the estimated cost of future medical care, the administrator will no longer pay for the doctor; that becomes the injured worker’s responsibility.
If you and the administrator cannot agree on a settlement, your claim will be determined by a workers’ compensation judge. Regardless of whether or not you are represented by an attorney, it is a requirement that settlements be reviewed by a workers’ compensation administrative law judge to determine whether they are acceptable. No matter what path you choose to take regarding settlement, it is best to have a Los Angeles workers’ compensation attorney by your side.
How Permanent and Temporary Disabilities Affect Your Workers’ Comp Settlement
Disabilities under workers’ comp can be either permanent or temporary. A settlement can be influenced by the category someone’s inability to work falls into.
A permanent disability is a lasting incapacity that affects a worker’s ability to earn a living. The compensation amount depends on the severity of the inability, determined by a percentage rating influenced by medical assessments and state guidelines. Settlements involving permanent disability may result in permanent partial disability, which is if the worker can still work in some capacity but has reduced earning capacity, or permanent total disability, which is if the worker cannot return to any form of work. These settlements often involve lump-sum payments or structured payouts over time to account for long-term health needs and reduced earning potential.
In comparison, temporary disabilities are for a limited period of time. Workers receive a percentage of their average weekly wage during the period they cannot work, up to a statutory maximum. Settlements involving temporary disability are often designed to cover lost wages until the person can return to work. They generally cover short-term lost wages and medical expenses. These cases usually close once the employee fully recovers and resumes their job or reaches the point of maximum medical improvement.
A skilled Los Angeles lawyer can review your workers’ comp case and consider the type of settlement that fits best with your injury and long-term situation.
A Los Angeles Attorney Can Help You Settle Your Claim for Work-Related Injury Benefits
Workers’ compensation is a safety net for California workers. The process of filing a claim for benefits and subsequently deciding the best course of action—settlement or having a judge decide your matter—can be complicated. Employers and insurance companies have skilled legal teams who are ready to protect every resource they have and offer you the smallest settlement possible. You should have a seasoned lawyer by your side who has experience negotiating workers’ compensation settlements in Los Angeles. Reach out to discuss your case today.
