When will workers’ comp offer settlement?

This video reviews when workers’ compensation may offer settlement. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.

In workers’ compensation, most every case will end with a settlement. The question then becomes, when? The bottom line is that settlement can occur at any time. It is more difficult to settle early on in the case as there are so many variables that you as an unrepresented injured worker may not want to come down to what insurance is offering, and insurance may not be willing to come up to what you are demanding. Plus, without an attorney, and early in the case, it can be very difficult to properly value a case. Is it worth $5,000 or $50,000? Depending on the facts, $5,000 may be a high value, or $50,000 may be too low. Plus, once you come to an agreement, you need to get it approved by a judge, and that judge will need to find adequacy in the settlement documents and the medical reporting.

Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.

No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.

[survivalmode]

Went to my IME and they gave a 7.5% loss of use. My dr gave a 30% loss of use. Lawyer trying to work it out.

[lazaroibarra]

Good morning. You repeat several times in your video, and thank you for making it, that if you don't have an attorney. I could not imagine any one doing that. Don't go it alone people. Your health, your benefits, your family, your well being, immediate and in the future is at stakes here. Get help!

[Technotranceism]

Getting ready for deposition this week. Injured both knees causing meniscus tears, and may need surgery to correct. Will know soon, as I am scheduled to see an orthopedic specialist, the week after deposition. Generally they've been slow in setting up appointments, and getting me some physical therapy. I do have an attorney working my case, and they've been after them about scheduling appointments. Not sure how everything will go, but I do know that the attorney is trying to get me, some partial disability benefits. Work has placed me in another position, that they consider light duty, but it's anything but light duty. At least they are allowing me to maintain my hours and wages, even in the other position, but complain when not enough work is completed, despite my required restrictions. Gets annoying to hear, and it's not my fault that I have these restrictions, and they are short staffed.

[bobocrina]

When an injured worker has severe issues, that require multiple surgeries, or life long medical care, Insurace will try to push the injured worker to settle. They will know the cost in long term will be dramatic for them.
If the injured worker knows that the medical care its so important and is specified by the Qme that a lot of care is needed for long term. I talk about severe cases, not a sprain or scratch. then do not settle, exhaust all medical care possible. Usually when long therm medical care is involved, like surgeries, assistive devices, etc.. the WPI rating will go higher at future revaluations. fight for youself

[zerozilch]

Can you buy stock in workers comp on wall street ? Compensation is not a benifit

[brianbui]

I just did my qme about a month ago and it shows my wpi to be at 18 percent and I just got a letter from the insurance company stating that my disability rating is only 9 percent. Does that seem correct?

[blessedladyrobinson]

Enjoyed yr video, very helpful. Wanted to ask if a person has not reached MMI yet, at what point will a QME be done? Is a QME something that comes automatically after you reach MMI (back injury/surgery)

[edwardkareem]

That does sound interesting I do have an attorney I already got surgery I already did my 17 sessions of physical therapy and I already did my q&A today as I am typing I'm having my first deposition what to expect after this

[tinkv]

Will any insurance company try to make a settlement during a notice of proposed conciliation decision?

[Guerro]

My hearing went OTOC settlement is In place already I signed paperwork and sent to judge what next well I get my check in 2-3 weeks 😊

[lilwest]

what does it mean when i rieceve a letter saying "Before the workers compensation appeals board 0f the state of california" ? and says my name/attorney vs the company and i believe there attorney?

[jayf]

Had a beam fall on my foot (broke 4 toes ) then it bounced into my leg (broke my leg) then I fell 30 ft in to a river. Was not tied off . Foman on site. No one was drug tested . Over all 3 surgeries including losing a 1/4 of my big toe . Should I be expecting a decent check ?

[theGQX]

I've had a torn rotator cuff injury since Dec 2021, two surgeries since, and 2 years+ of physical therapy in Texas. I have since exhausted Workman Comp for the statute limit, and my 3rd party doctor evaluated me at 2% MMI, I still cannot use my dominate arm with this shoulder and bicep tear still bothering me, and now have no benefits medically or financially, what should I do?

[danjones]

I have a rating of 7.5 out of a 9 maximum and I will need prescription meds for many years ro come. From a work comp concussion. Is there a reference book on this for indiana ?

[BearPapa]

This was very good content . Can you add the same scenario with an injured worker with representation ?

[foryounger]

Interesting because my attorney said she reached out to the insurance company lawyer and they haven’t gotten back to her. So would an attorney be able to reach out to WCB to encourage settlement? And if yes why would an attorney not and prolong a settlement being reached?

[pilarsalazar]

I really appreciate all this important information you are giving., What to expect after an FCE? Went to get mine done few weeks ago but until today I’m clueless of the results or what’s the next step, thank you.

[MissDuke]

When he says WC, he means the insurance company/adjuster/atty.

[josecantu]

Hey i was at work about 2 weeks ago and my coworker turned a machine on that crushed and broke my ankles bones in my right foot and cause nerve damage in my right foot to which i have no feeling in anymore. Ive had surgery to get metal plates and screws installed in both ankles. Im starting physical and occupational therapy tomorrow and im in a wheelchair.. i have severe pain everyday due to my surgery, could you please help me on how to go about this? Or if you have any tips? Thank you!

[pt]

Hi, I was injured at work back in 2020 and needed surgery/physical therapy/pain meds. I went back to work in 2021 and I cannot contact my new adjuster. They do not answer my calls or emails me back. I don’t have a lawyer. I am disabled. I am unsure of what the next steps are? When Will they close my WC end? Will I get any compensation like stips/awards?

Thanks