Legal Question in Workers Comp in California

A Compromise and Release of any or all of the issues in your case must be approved by the WCAB [almost always does unless injured employee not represented by attorney and may be settling too cheaply]; once that is done, payment, unless you want otherwise, is made in one lump sum within a certain time agreed to by the parties. If there is no agreement as to the time which they have to send you the check, then they have to pay interest to you until you do receive the money. Unless they are going to offer you a large sum for it and you had assured other coverage, you normally do not want to settle the right for future medical treatment.

If you do not have an attorney, some Boards do have a legal advisor who you can make an appointment with. Usually the value of a case is fairly easy to determine by an experienced WC attorney. If you do no thave an attorney, it may be worthwhile to hire an experienced one on an hourly basis to advise you. Usually the attorney is paid a percentage of the permanent disability [9-12%] and if your PD is greater than perhaps $3,000 in value you would rather pay an hourly rate than the percentage. The attorney would have to review the medical reports, speak to you as to what your residual problems are, check that the correct initial PD percentage is being used, and work out the PD formula that adjusts the percentage for age and occupation. That, plus mulling the matter over in her/his mind, might take an hour.

Mr. Shers stole all my thunder, but the only additional point that I would make is that, if you have to ask your question in the first place, then I recommend that you seek a free consultation in order to find out whether or not you're really on track for a fair settlement. My telephone number is 1.877.505.INJURY.