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:
- 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.
- 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.