Legal Question in Workers Comp in California

When you settle your claim via Compromise and Release, you are settling all aspects of your claim, including any need for future medical treatment, additional temporary disability benefits (if eligible), mileage, and any out-of-pocket reimbursements. In addition, you give up your right to reopen your claim should you discover that you have more permanent disability than previously thought. If you settled via Stipulations, your future medical treatment is left open. In addition, you could reopen your claim within 5 years of your injury.

Many insurance companies, but not all, will not treat workers' compensation injuries as that is the workers' compensation insurance's responsibility.

If your physician gave you a work limitation, it is very important that you get it in writing and give a copy to your employer, assuming you still work there. Any limitation may also have a bearing on your level of permanent disability, as well.

I strongly encourage you to consult with a workers' compensation attorney in your area. You may call me at 415-655-6789 or go to www.caaa.org for a list of workers' compensation attorneys.