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Consult a Work Injury Attorney About Your Workers Compensation Settlement

Workers’ Compensation

After experiencing a work-related injury, workers’ compensation benefits become available. In order to make the most out of your case and receive workers’ compensation benefits that are sufficient for your needs, a workers’ compensation attorney should be consulted. If you’ve already hired a work injury attorney and a settlement is being offered, it’s important to know your options.

Accepting a settlement for your workers’ compensation benefits can be both advantageous and ill-advised. Understanding what you gain and give up by accepting a settlement will help to ensure you are making the best decision. Here is some general information about settling your workers’ compensation case.

Settling Can Eliminate Your Weekly Benefits Prematurely

A workplace injury can cause a multitude of problems that extend beyond recovering from the injury itself. One of the advantages to workers’ compensation comes in the form of weekly benefits to help pay for the medical expenses and lost wages associated with the injury.

Settling a workers’ compensation case can eliminate these weekly benefits and prevent you from being able to ever again receive them for that particular injury. Make sure to ask the work injury attorney you are working with to better understand if this is a worthwhile choice.

Medical Payments Might Continue

Workers’ compensation differs from state to state. In California, employers and insurers can be required to continue medical payments even after reaching a settlement. It depends on the structure of the settlement.   

Another important factor to consider is that, even if the insurers are required to continue medical payments, they might be more reluctant to do so after a settlement has been reached. This could develop into longer time periods or delays or even denials in getting needed treatment.  

The advisability of structuring a settlement that does NOT include future medical care may depend on your access to medical care through other programs, such as another job, MediCal (Medicaid), Medicare or private insurance.  Access to MediCal (Medicaid) and Medicare may be unavailable after a settlement, again depending on how the settlement is structured.   

All of these scenarios will be important to speak with your work injury attorney about in order to better understand the potential risks and difficulties. As you may have heard, consult with an attorney early on.  Initial consultations at many firms are free

The State Workers’ Compensation Agency Has to Approve Your Settlement

Even if you, your work injury attorney, and the insurance company all do agree on a settlement doesn’t mean that it will be accepted. Your settle will still have to be approved by a Judge at the state workers’ compensation agency before being finalized.  In California, that agency is called the Workers’ Compensation Appeals Board.

Your settlement will only be approved if the judge agrees it is in your best interest and is satisfied that you are fully understanding of its terms.  I have seen many settlements approved in cases in which I’m not involved that, in my opinion, should not have been approved, and very rarely if ever is the injured worker at the hearing to provide input or ask the Judge questions.

Always Consult a Work Injury Attorney

Determining your workers’ compensation settlement is not as easy as looking at a number on a piece of paper. Workers’ compensation benefits are just as much about what you are entitled to as they are about what you will actually receive. Your doctor and the doctor your insurers work with could reach different conclusions, for one.  EARLY LEGAL INTERVENTION WORKS!

There are also the full range of disability benefits to consider, which many insurance companies will attempt to avoid by offering you a lump sum settlement in order to prevent ongoing payments for the duration of those benefits. Consulting a work injury attorney about your settlement is your best way of understanding whether or not the settlement is in your best interests.

Also, there are other disability programs and benefits available from other sources that should be coordinated with any settlement proposal.

If you have a workers’ compensation case near Sacramento and wish to speak with a California workers’ compensation attorney about your benefits or accepting a settlement, contact Gold Country Workers Comp Center. Our work injury attorneys provide free consultations and would be happy to help you navigate this process successfully.

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Questions To Ask Workers Compensation Attorney Near Auburn CA Before Settling A Workers Comp Case

Work Injury Lawyers in Roseville

A workers compensation attorney near Auburn CA can help you receive the maximum amount possible for your California workers’ compensation claim and protect you from receiving an unfair settlement. It may initially be tempting to accept the lump sum settlement offered. It is important, however, to consider whether it is in your best interest. The period following an injury at work can be an extremely stressful and uncertain time. Bills, medical costs, and other factors can all cause incredible challenges in your life and the life of your family.

That is why it is crucially important to consider whether the lump sum settlement offered to you is a fair sum that can help set your life back on track. You may be wondering how you can ascertain if the settlement offered to you is worth accepting. Unfortunately, insurance companies and employers will pay as little as possible for a workers’ compensation claim. They understand that claimants are often desperate and lack an understanding of the intricacies of workers’ compensation law. Hiring an experienced workers compensation attorney can assist with the workers’ compensation process but, first, consider the following questions when you receive an offer.  And remember to consult a specialist early.  EARLY INTERVENTION WORKS!  And there is no fee for the initial consultation.

What Does Settling Actually Mean?

As an attorney may say, it all depends.

Settling a workers’ compensation claim may mean that the weekly checks that you have been receiving will stop and instead you will receive one lump sum.  Depending on how a settlement is structured, settling may also mean you will be unable to receive a weekly check for the specific injury and incident that occurred. And depending on how the settlement is structured, it may mean that the insurance company that has been paying your medical bills may no longer provide medical treatment benefits.

Other types of settlements provide for ongoing treatment AND a lump sum payment, and still others provide for additional weekly checks, or may provide for the ability to re-open your claim if your condition worsens for access to expanded medical care and more disability checks.

Should You Settle And Is It Reasonable?

When not working with a workers compensation attorney near Auburn CA, the insurers will generally try to manipulate workers to settle their workers’ compensation claim with a single lump sum. They prefer this course of action because they cannot predict how long or how much they will have to pay if the worker continues to receive benefits throughout their recovery.

Accepting a lump sum settlement may mean you cannot reopen the workers’ comp case regardless of circumstances that may get worse due to the injury. This is why it is important to have a reasonable idea of the factors surrounding your unique condition, your circumstances, and how long it will take for you to fully recover and return to work.  These factors include whether you can access medical care through other programs.  Depending on the program, treatment may or my not be available.  It is a complicated decision.

What Is The Value Of Your Claim?

Without an understanding of the value of your claim, it will be difficult to proceed with a decision to accept or decline a lump sum settlement. A workers compensation attorney near Auburn CA will be able to fully examine the value of your claim and can recommend what a reasonable settlement amount would be. They are also able to ascertain the extended value of your workers’ compensation claim while exploring options for more potential benefits.

Speak With a Workers Compensation Attorney Near Auburn CA

Gold Country Workers Comp Center is committed to helping clients through the workers’ compensation processes ensuring they receive every dollar they deserve for their injury. Our experience in California workers compensation law has helped people just like you get started on the road to recovery without needing to worry about lost wages, medical costs, and bills. The time following an injury at work can be emotionally stressful and uncertain. If you need help from a workers compensation attorney near Auburn CA, let us help guide you through the process by contacting us today for a free consultation.

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What to Ask a Workers Comp Attorney Near Me About Your Settlement

Workers Comp Lawyer Sacramento CA

Finding a competent workers’ compensation attorney will be a crucial aspect of acquiring a fair settlement. Firstly, however, we believe it’s important to consult with a Workers’ Compensation specialist as soon after an injury as possible.  Most offer free consultations, and pitfalls in the course of your claim processing can be better avoided.  EARLY INTERVENTION WORKS!

If you’re still looking for a workers comp attorney near me, be sure to understand how to choose the right workers’ compensation lawyer first. If you have already begun the process and have finally received a settlement offer, you should feel confident about its adequacy before accepting it. Often times clients will have questions regarding their settlement. Fortunately, asking California workers comp lawyers the right questions can help you determine whether or not the settlement offer is right for you.

Do I get all my benefits now, later, or over time?

Workers’ compensation claims in California are settled in different ways but generally include settlement by Compromise and Release or by Stipulation. A Compromise and Release (C&R) is regarding the settlement for permanent disability, future medical treatment, and other outstanding fees that you are owed. Some C&R’s however can be strutured to provide BOTH a lump sum AND future medical care.  The C&R settlement will be paid to you in the form of a lump sum that comes from the insurance company. This will also be where the fees for your workers’ compensation attorney will be deducted from, which generally amounts to 15%.

A Stipulation (Stips), unlike C&R, pays for your permanent disability but sets your medical treatment costs for your injury as ongoing coverage. Although your benefits can remain open for life, the money is instead paid straight to the medical providers through the Workers’ Compensation system.  Cases that settle by “Stips” will often end up, in the future, being settled by C&R for more money at that time.  Some people attempt to receive a full C&R settlement in lieu of Stipulation but many insurance companies will only provide one or the other. Be sure to ask your workers comp attorney which of the two settlement types you are receiving for more clarification, or to intervene to negotiate a hybrid or complex structure otherwise.  We believe that specialists more than earn their keep, even after payment of their fee.

How much will I receive and how long will it take to receive?

Due to the hardships a workplace injury causes, one of the most common questions for a workers’ compensation settlement offer will be how much you will get once the process is complete. Make sure you ask what the net amount of your offer is once the attorney fees are deducted and for an approximate timeline before it is processed.

An experienced California workers’ compensation lawyer will ensure any medical expenses are handled through the insurance company either prior to or within the final settlement. Once you’ve signed the paperwork, the settlement will then have to be approved by a judge. Following the judge’s approval, an insurance company generally has 30 days to send you your check.

Can I get more if I don’t accept the offer?

Remember, when you first began looking for a workers comp attorney near me, it was for a valid reason. Ask your attorney if choosing to fight over settling will result in a better offer. Workers compensation attorneys are experts in this particular field and will provide you with the best possible advice.

However, it’s important to note that an experienced California workers compensation lawyer is capable of maximizing the benefits you’re offered through tactical planning and negotiation. Not every trial or judge’s ruling will result in a higher outcome, which is why you should feel confident in the abilities of the lawyer you choose to work with.

Consult a Workers Comp Attorney Near Me For Free

If you have been offered a settlement and are unsure whether or not you should take it, reach out for help. Gold Country Workers Comp Center specializes in California workers’ compensation cases and our attorneys will be glad to assist with any concerns you might have. Don’t miss out on the benefits you are rightfully owed! Contact us for a free case consultation and speak with a workers comp attorney near me about your case.

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