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the Injured.

Explaining how workers' compensation settlements are handled

When you suffer an injury while on the job, you are entitled to workers' compensation benefits in California. If the injury will cause you to miss work for an extended period, the benefits will be paid until you are cleared to return. Now, what happens if you are permanently out of work due to the injury suffered on the job? Let's take a look at workers' compensation settlements and how they can benefit you.

The insurance company for the employer will approve the claim for workers' compensation benefits, which will be paid to you weekly. It is up to you to decide if you want to keep receiving these benefits, if you want to settle for a lump sum or if you want to try to negotiate for a larger settlement.

Should you want to negotiate a settlement, you will need to do so with your employer, their insurance company and your attorney. The role of the employer in such a negotiation is very small, but you should still provide them with an open line of communication.

When negotiating a settlement for workers' compensation, the following will be taken into consideration:

  • The laws of California and any restrictions
  • Fees for your attorney
  • Payments for disability
  • The likelihood that you will require future surgeries or other treatment
  • Future lost wages and current lost wages
  • Current balances on ambulatory bills, hospital bills and other expenses

Reaching a settlement regarding your workers' compensation benefits does not have to be a struggle. When you know what to ask for and how to negotiate, you should have no trouble at all securing a package that will aid your medical treatment and other expenses.

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Making a false or fraudulent workers’ compensation claim is a felony subject to 5 years in prison or up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

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