Legal Question in Workers Comp in California
settlement
I have a workers comp injury and receiving treatment when the dr releases me am i entitled to a settlement ?
2 Answers from Attorneys
Re: settlement
Mr. Moheban is correct that you are entitled to ask for a settlement, but the carrier does not have to agree to settle, in which case you will need to obtain a decision by the WCAB. The board also determines what the attorney fees will be, with the normal range being 12-15% of the amount of permanent disability. You are entitled to have PD advances made up to the level of a reasonable level of the estimated PD. If I were you, I would not settle the future medical treatment unless it is clear that you will not need any or that you will always will have other medical coverage for it.
Re: settlement
Yes, you are entitled to settlement for permanent disability, future medical treatment (if any) and vocational rehabilitation benefits. However, you need an opinion of a panel QME or a neutral AME. We are experienced worker's compensation attorneys and our fee will be 15% of any settlement we could get for your case. Call us at 213.388.7070 for a consultation.