Legal Question in Workers Comp in California

Get as much as you can in Workers' Comp first: only 15% of that goes to an attorney (instead of the 33% going to the Personal Injury lawyer).

Consider this settling the Comp Claim FIRST:

Temporary Disability from Comp Insurer: $20,000 (comp atty gets $0 if paid up front)

Permanent Disability from Comp Insurer: $20,000 (15% to Comp atty)

Future medical /new disability rights resolved $20,000 (15% to comp atty)

= $60,000 less $6000 to comp atty = $54000 in your pocket from Comp Insurer

LATER: $40,000 for pain/suffering & loss of future earnings (33% to Personal INjury atty)

= $13,200 to Personal INjury Attorney and $26,800 to you from 3rd party

YOU GET $80,800 overall ($54,000 in Comp, $26,800 from 3rd Party)

Watch what happens with that same $100,000 all through in the 3rd Party claim:

$33,300 to Personal INjury attorney

$66,700 to you

(Comp Insurer petitions for credit for $66,000 so owes you $0 when you get your Personal INjury $$$ first!)

NET RECOVERY WHEN YOU SETTLE 3rd Party First: $14,100 LESS!!!

Personal INjury attorneys never explain that one! But notice they are in a BIG FAT HURRY to settle the PI claim ASAP so that they get their recovery and fee before you figure out you'll do a lot better settling the Comp Claim first!