Is there a difference between a workers comp and a Serious Willful workers settlement claim, is the value of a Serious Willful grater value then a wc claim.
Workers' Compensation Lawyer
I agree with the always reliable Ms. Harris.
There is a difference between a WC settlement and an S&W settlement. The WC is an insured risk for the employer. The S&W is not insured and comes out of the employers own pocket. Employers don't like that! The value of the S&W will be determined, in part, by the value of the underlying WC claim but not entirely. Was there a CAL-OSHA citation? What was the basis for the S&W? Have others been hurt in the same way? Lots of questions in determining the value of the S&W. As Ms. Harris indicates, they are tough to prove.
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Another thing to keep in mind, in addition to what Ms. Harris and Mr. Borah have said, is that if you really pursue an S&W claim, (as opposed to merely pleading it), at some point you may see another attorney join your claim who will represent the employer separately apart from the insurance company. This will add further complexity to your case and may delay the overall resolution of your claim.
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