Two Ways to Settle A California Workers' Compensation Claim - Compromise & Release is Most Co...

The first way is by Compromise & Release (C&R). This is usually a full and final release of all benefits and claims in exchange for a lump-sum of money. It means that the injured worker gives up all of their rights to future benefits in exchange for a one-time payout. Larger payouts could utilize a structured settlement investment instrument and be paid out over time.

If the parties cannot agree upon a lump-sum settlement in exchange for a full release, then the employee is paid payments for any permanent loss of function and is provisioned with future medical care paid for through their employer. This type of settlement is most common for employees who are not displaced from their job or continue to work with their employer after they have recovered from their injury.

A stipulated award can be reopened for new and further disability within 5 years of the original date of injury. If it's been longer than 5 years, the injured workers should consider filing for a new Cumulative Trauma (CT) period of injury.

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[nightbat]

I'm desperate for help, If I could get advice. I was injured at work 6 years ago. That night I went to the hospital where they didn't check my neck, My head, or the shoulder I was complaining about . They put me in physical therapy with a muscle contusion . 3 rounds in I was getting worse not better. Get sent to a specialist who listened to me and xray my shoulder. A piece of my collar bone broke off and I think it's in my nerve today. But I settled my case, itcant be re opened but now if I try seeing any doc about it, they won't help me figure out the extreme pain because it WAS Workers comp. What do I do? Am I just doomed?

[Analysemarie]

Thank you.. Great video.. How long does it normally take once you agree on a C&R amount to receive the paperwork to sign? My claims specialist has been ignoring my email since we decided to do a C&R. The first time she ignored my emails for three weeks after she sent me their final offer and I was going to accept but she stopped responding to emails and I kept emailing her saying I want to accept the offer. I want to go through with this. I finally called the 1-800 number for Liberty Mutual and she finally emailed me back. On June 17, she said she would get out the paperwork that week. Each week after that, she said it’s going out this. I sent her an email on Monday and Wednesday still no response. My case has been open since August 2022 and she’s always email me back the day I’ve emailed her or the day after until we decided to settle the case.