Permanent Disability Benefits

In California, permanent disability benefits are determined by state law. After a state disability rater reviews and rates your case, the claims administrator may offer you a workers’ compensation settlement.

A claims administrator decides the settlement amount based on:

  • The injury rating
  • Wages before the injury
  • When the injury occurred
  • Whether the employer offers regular and/or modified work

Types of Workers’ Compensation Settlements

There are two main types of settlements in workers’ compensation cases:

  1. Stipulations with Request for Award (Stips)
    • You and the adjuster agree on the amount, duration, and timing of permanent disability payments.
    • The adjuster usually continues paying medical expenses as long as you need care.
    • You can request an increase if your condition worsens, and the adjuster can request a decrease if it improves within five years of your injury.
  2. Compromise and Release (C&R)
    • The adjuster agrees to a lump sum payment covering unpaid permanent disability payments and other benefits.
    • C&R settlements include vocational rehabilitation benefits in certain situations.
    • Future medical costs are estimated and included in the lump sum, meaning the adjuster will no longer pay your doctor.
    • You cannot request an increase, and the adjuster cannot request a decrease if your condition changes.

Once you and the claims administrator agree on a settlement, it must be reviewed by a compensation judge.

Getting Help with Workers’ Compensation Settlements

You don’t have to accept a settlement offer if it doesn’t cover the severity of your injury and its associated costs. Our skilled negotiators work with claims adjusters to help you get a fair settlement. If we cannot reach a satisfactory settlement, we present your case to a workers’ compensation judge. We also ensure you understand and receive all other benefits you are entitled to by law.

We Are Workers’ Compensation Settlement Attorneys

If a work-related injury or illness prevents you from working, DM&B can help you get fair compensation. Navigating the system can be daunting, but we strive to make the process as smooth as possible.