Can i ask my workers comp adjuster for a settlement?

Asked 4 months ago - San Francisco, CA

I hurt my lower back at work due to my job restrictions my job had no light duty for me I've started receiving workers comp, I live in San Francisco my lease was up the next month couldn't afford to get another apartment with my pay so I had to move back in with my parents. In Atlanta my adjuster is horrible, she never answers when I call, never can answer my questions, they ended my pay stating I wasn't being treated any more which I was. They are currently paying again but I just want to be done with them. Can I just ask to settle? I'm 25 yr was making $65xxx

Attorney answers (4)

  1. Gilbert Earl Fisher

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    Answered . A settlement in work comp is based on a buyout of future benefits, such as permanent disability and medical treatment. Early on in your case it may be difficult to estimate the extent of permanent disability or need for ongoing medical treatment. And since a settlement has to be agreed on by both parties, and approved by the judge, it may be difficult to arrive at a figure. An attorney could help.

  2. Anthony Remo Luna

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    Answered . You may want to seek legal representation prior to engaging in settlement discussions with the insurance company. Insurance companies are notorious for low-balling settlement offers and getting in pro-per applicants to sign off prematurely before their claims are ripe for settlement. Nevertheless, if you really want to settle, you could formulate how much you want to settle your claim for and send the adjuster a written demand letter outlining your settlement demand.
    However, it sounds to me like your main concern is getting the adjuster to pay attention to your attempts at communication and requests for information, and not really "cashing in" your claim at this time. By hiring a competent applicant attorney, he/she can definitely help with your communication/information concerns (and more). A competent A/A will know what techniques to use to keep your claim moving forward and get the adjuster to be more responsive. For instance, one common scenario encountered is when an adjuster has entirely failed to respond to a valid Request For Authorization from your treating physician. A competent A/A will know what to do to bring the issued before a WCAB judge and/or negotiate an informal resolution of the treatment request with the defense. This is just one common scenario in a myriad of scenarios that a competent A/A can assist you with.

  3. Charles Joseph Michael Candiano

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    Answered . Of course. But how will you know if any offer is fair? Contact an experienced Workers' Compensation attorney in the San Francisco area ASAP. If you had done this, early on, you could have avoided much of the difficulty you encountered.

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  4. John M Connell

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    Answered . I agree with Mr. Candiano, how will you know what your case is worth. It would be a good idea to hire someone to assist you with this asap, and they can advise you on the best way to go about it. Brett Borah is near you and is an excellent atty. You can look him or any other atty in your area up on AVVO's find a lawyer section

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