How Is My Work Injury Case Resolved or Settled?

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How Is My Work Injury Case Resolved or Settled?

How Is My Work Injury Case Resolved or Settled?  Your work injury case is resolved when there is an agreement between you and the claims administrator or a judge issues an order about your workers’ compensation payments and future medical care that will be provided to you. In order to protect your rights, whether or not you are represented by an attorney, settlements must be reviewed by a workers’ compensation administrative law judge, to determine whether they are adequate.  work injury case resolved settled

My Work Injury Case Is Being Resolved or Settled.  What types of settlements are there?

There are two different ways to settle your case:  work injury case resolved settled

  • Stipulations with Request for Award (stips)
    • Payments – You and the claims administrator agree on the amount of temporary or permanent disability payments you will receive. This is usually paid in weekly payments
    • Medical care – The claims administrator usually agrees to pay for medical care if needed.
  • Compromise and Release (C&R)
    • One payment – The claims administrator agrees on an amount to resolve your claim. This is usually paid in a lump sum
    • Medical care – If the lump sum includes the estimated cost of future medical care, the claims administrator will no longer pay your doctor. This becomes your responsibility.

What if my case doesn’t settle?  work injury case resolved settled

If you and the claims administrator are unable to agree on a settlement, your dispute will need to be decided by a workers’ compensation judge.

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Nikki Mehrpoo Jacobson, Certified Specialists in Workers’ Compensation Law
by the State Bar of California Board of Legal Specialization
Professor of Law
Legal Analyst

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