Workers’ compensation in California is supposed to help you pay for your medical costs and more after a work-related injury. This support is vital to your recovery and your financial health. Understanding the process as a whole can be difficult, but many people have questions about workers’ comp settlements and what to expect with them. The right attorney has the years of experience needed to answer your questions and seek the compensation you deserve.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys are ready to help. We help you seek the compensation to which you are entitled and guide you through the legal process. Reach out for a meeting today to learn more.
What Is a Workers’ Comp Settlement?
First, what is a workers’ compensation settlement in California? The settlement is an agreement between you and the insurance company representing your employer, or the employer itself. This agreement is for a specific amount of money, and other terms, that fully resolve your claim. These settlements typically happen after your condition stabilizes. Your doctor can then assign you a permanent disability rating, which can impact your settlement amount.
There are two main types of settlements:
- Stipulated Findings and Award: You receive ongoing payments and retain rights to future medical care.
- Compromise and Release: You receive a lump sum payment and give up rights to future treatment under workers’ comp.
How Are California Workers’ Compensation Settlements Calculated?
California workers’ comp settlements are based on several factors:
- Permanent Disability Rating: A percentage assigned by your doctor that reflects how your injury affects your ability to work.
- Average Weekly Wage (AWW): Your earnings before the injury, which influence temporary and permanent disability payments.
- Medical Expenses: Past and projected costs for treatment, rehabilitation, and medications.
- Future Care Needs: If you opt for a lump sum, the insurer may include estimated costs for future medical care.
- Vocational Impact: Whether your injury prevents you from returning to your previous job or requires retraining.
The California Workers’ Compensation Settlement Chart helps estimate payouts based on disability ratings and wage levels.
An Example Calculation to Help
Let’s say you earn $1,000 per week and receive a 20% permanent disability rating. Based on California’s formula, you may be entitled to:
- Permanent Disability Payments: Calculated using your rating and wage.
- Medical Reimbursement: For treatments already received.
- Future Medical Buyout: If you choose a lump sum.
Each case is unique, and settlements can range from a few thousand dollars to six figures depending on severity and long-term impact.
How Long Does It Take to Settle?
Most California workers’ comp cases settle within 12 to 18 months, but complex cases may take longer. Factors that affect timing include:
- Disputes over medical evaluations
- Negotiations with insurance adjusters
- Whether you’re represented by an attorney
Having legal representation often speeds up the process and ensures fair compensation.
Should You Accept a Settlement?
Before accepting a settlement, consider:
- Are all your medical needs covered?
- Will the lump sum be enough for future care?
- Are you giving up valuable rights?
A stipulated award may be better if you expect ongoing treatment. A compromise and release offers finality and flexibility but ends your right to future care under workers’ comp.
Get In Touch With a California Workers’ Comp Attorney for Help With Your Settlement
You should be fairly compensated for your injuries, but knowing how your compensation is calculated can help with the whole process. We educate our clients on what to expect and how workers’ compensation works, all while representing you with our years of experience.
Our team at Ratto Law Firm, P.C. can help you seek the workers’ compensation settlement you deserve. Contact us today for a consultation.