2024 When Will Workers’ Comp Offer a Settlement in California?

If you have recently suffered an injury at work, it is natural to ask, “When will workers’ comp offer a settlement in California?” Your benefits can help manage your medical care and offset the economic impact of your inability to work while you recover from your injury, so it is understandable to want to secure your benefits as quickly as possible. It’s vital to understand what to expect in the workers’ compensation claim filing process.

When you file your claim for workers’ compensation benefits, state law requires the insurance company to issue a response to your claim within 30 days. However, there is always a chance for unexpected complications to arise with your claim, and it is possible for either your employer or their insurance carrier to dispute your claim. Having an experienced attorney assisting you will make it easier for you to address any such issues you encounter.

It’s Easier to Compile Needed Documentation With an Attorney

Your workers’ compensation attorney can help compile all the documentation you will need to submit to the insurance company so they can process your claim. As part of the claim filing process, you will need to undergo a medical examination by a workers’ compensation physician to assess your level of disability. They will assign a disability rating that will then determine the scope of the benefits you can receive.

While most workers’ compensation claims are paid out incrementally in a stipulation and award settlement, it is also possible for a claimant to receive a compromise and release settlement under certain conditions. This is paid out as a single lump sum and will release the insurance company from future liability for any further benefits to the claimant.

These settlements are typically offered to claimants who would otherwise qualify for lifetime benefits and who will likely be unable to continue working for the employer. It is important to consult your attorney to determine whether accepting this offer over a stipulation and award settlement would suit your interests.

How Are Workers’ Compensation Benefits Paid?

A successful workers’ compensation claim in the state generally yields two forms of compensation for the claimant. First, they will receive full coverage of all medical expenses related to their injury. These benefits are not paid directly to the claimant in most cases; when they go for medical care, the billing will be sent to the insurance company. If the claimant pays anything out of pocket, the insurance company will reimburse them.

Disability benefits are paid out incrementally on a total or partial basis. Total disability benefits are paid when the claimant cannot work at all during their recovery. They will receive a weekly payment equal to about two-thirds of their usual weekly pay each week until they recover or for up to 104 weeks. It is possible for a claimant who has suffered a catastrophic injury to qualify for an extension of these benefits.

Partial disability benefits are also paid weekly, but the amount paid will depend on how much the claimant is able to earn as they recover. If you have suffered an injury that prevents you from earning your usual level of income but you can still handle lower-paying work, these partial disability benefits can make up the difference. You need to report changes in your medical status and your weekly earnings to the insurance company to maintain eligibility.

FAQs

Q: How Are Workers’ Compensation Settlements Paid Out?

A: Workers’ compensation settlements are generally paid out incrementally. After your claim is approved, you should receive your first check from the insurance carrier within 30 days. The insurance company will pay for approved medical treatments as you require them, and the billing for treatment will typically go straight to the insurance company. Disability benefits will be paid weekly for the term outlined in your determination of benefits.

Q: How Much Can I Receive in Workers’ Compensation Benefits?

A: The amount you can receive in workers’ compensation benefits depends on the severity of your injury and whether you retain any functional capacity to work following the injury. An injured claimant can typically expect their employer’s insurance carrier to pay for all the medical care they need to fully recover, and they will receive disability benefits based on the disability rating assigned to them by their workers’ compensation physician.

Q: Can I Sue My Employer for a Work Injury?

A: You can sue your employer for a work injury in the state only under certain conditions. Their workers’ compensation insurance typically protects them from civil suits from injured employees. However, if they do not have appropriate coverage, you can file a civil claim against them. You can also pursue a civil suit against an employer for illegal retaliation or if they intentionally caused your injury somehow.

Q: Can I Claim Pain and Suffering Compensation for a Work Injury?

A: You typically cannot claim compensation for pain and suffering from a work injury. Workers’ compensation insurance provides benefits for medical expenses and lost income only following a workplace injury, even if the victim suffered catastrophic harm. However, if you have grounds for a civil suit against your employer or against a third party who caused your accident, you can seek pain and suffering compensation with your personal injury claim.

Q: Do I Need a Lawyer to File a Workers’ Compensation Claim?

A: You need a lawyer to help you file a workers’ compensation claim if you want to streamline the process and secure your benefits as swiftly as possible. While it’s possible to file your claim on your own, you face several risks in doing so and could encounter unexpected complications that you will not know how to resolve without an attorney’s help. It is always worth hiring an experienced attorney to represent you in your claim.

The Canlas Law Group has successfully helped many past clients with all types of work injury claims. While you may wonder when workers’ comp will offer a settlement in California, the reality is that you can speed up the claim process substantially by hiring an experienced attorney to represent you. Contact the Canlas Law Group today and schedule a free consultation with our team to learn how we can help.