There are three ways a claim concludes in the California workers’ compensation system. If you have been injured at work, it is important to have an understanding of the end game possibilities because it allows you to understand your situation so that you know what to expect and can plan for the future. You can be sure that your attorney has already analyzed your situation and has a good idea about which of the three ways your case will resolve. Unfortunately, most of attorneys never explain the possibilities to their client until the final day. This can add a lot of stress to the injured worker through the claims process and create conflict between attorney and client toward the end of the claim when the client is confused about which option to pick. Therefore, it is always wise to discuss this topic with your lawyer at the beginning of the claims process. If in the event your lawyer does not clearly explain this topic or you do not have access to a lawyer at the law firm you chose, you would be well advised to find new workers compensation lawyers. Get Inland Empire workers compensation claim conclusion details about your case by calling us at 1 (909) 325-6032 and Mr. Napolin will come to the phone to discuss your particular case!
Inland Empire Workers Compensation Claim Conclusion – Three Ways
1) Compromise and Release: This way of concluding of a workers compensation claim is generally only available when there are attorneys involved and when the employee has already quite or been terminated from employment at the company they are claiming benefits from. The reason for this is beyond the scope of this page and will be addressed elsewhere on this site. The Compromise and Release or C &R is a lump sum payment option for the injured employee. It is an absolute settlement of all benefits under the employers workers compensation policy in exchange for a lump sum of money. Once the release is executed, approved by a work comp judge and the money paid out, that is the end of the claim, forever. Beyond that, it bars any other workers compensation claims that the injury worker knew about or should have known about when they executed the release. Only in extremely limited circumstances could another claim be brought against the same insurance carrier for an injury occurring prior to the signing of the C & R. Many applicants choose this option because it maximizes the amount of cash they receive by settling out the value of all future medical treatment under the claim. Although the employee receives more cash, they are left to fend for themselves when it comes to medical treatment for their work related injury in the future. Oftentimes the worker who chooses this option is doing so because the claim is contested and their is a chance of a loss at trial or because the worker has other ways of obtaining medical treatment for their injury (private health insurance or government sponsored health plan). In other circumstances, an employee might choose to C & R their case on the basis that the injury is not very severe and not much future medical treatment is necessary. In such situations the employee might find it more advantageous to just take the money. It is important to point out that neither party can force the other to C & R the case because no judge awards lump sum judgments in work comp. Since no judge can award relief on the same terms as a C & R, the amount negotiated is not necessarily completely based upon the value of the case at trial. Instead, the amount negotiated is based on other factors the discussion of which will be reserved for another day.
2) Stipulation And Award: Like the C & R, the Stipulation and Award or Stip for short is a way of settling a workers compensation claim in California. This type of settlement occurs when the parties agree or stipulate to certain findings by a doctor, usually an agreed medical examiner or AME, but a C &R is either not appropriate or cannot be negotiated by the parties. Under a Stip, the judge issues an award based upon the agreement of the parties. The applicant receives an amount of permanent disability agreed to by the parties and the future medical care portion of the claim is left open. The employee will receive their money (minus attorneys fees) over a period of time and can treat for their condition within the parameters of the future medical care agreed to be provided by the workers compensation insurance company.
3) Trial And Award: This is the same as a stipulation and award only that the parties could not agree on a certain medical report or there was a dispute over whether a condition was actually work related or not. In such circumstances, each sides presents their case to the judge and the judge makes a decision for the parties.
Inland Empire Workers Compensation Claim Conclusion – Each Claim Is Different
Many factors play a part in the decision to conclude a claim one way or the other. Each way has its upsides and downsides and the best one for any particular claim depends on the unique circumstances of the injury and the parties involved. This is why it is best to consult and hire an experienced workers compensation lawyer in the Inland Empire California.
If you are in need of advice or representation, call Napolin Law Firm at 1 (909) 325-6032. When you call or leave a form submission at www.WorkersCompLawyerIE.com, you will be put in touch directly with Attorney Napolin to discuss your claim as part of a free, no obligation legal consultation. Call Today!