In California, if you have an industrial injury, you may settle your workers’ compensation claim two ways: Compromise and Release or Stipulation and Request for Award. Depending on the facts of your particular case, one type of settlement may be more beneficial than the other.
1. Compromise and Release
The first way to settle a worker’s compensation claim in California is via Compromise and Release, often referred to as a C&R. When an injured worker settles his/her claim via Compromise and Release he/she is settling out their entire claim. The insurance company will not be responsible for paying the injured worker’s medical costs, nor will it be responsible for any other disability payments. The claim effectively ends at the time the judge issues the Order Approving Compromise and Release. The injured worker will receive a lump sum payment, which will include an estimate of what future medical costs may be minus any permanent disability benefits that have already been paid.
2. Stipulation with Request for Award
The second way for an injured worker to settle his/her worker’s compensation claim is via Stipulation with Request for Award. Settling a claim via Stipulation leaves the injured worker’s future medical open, meaning that the insurance company will be responsible for paying for medical treatment for the body parts that are included in the settlement for the remainder of the applicant’s life. In addition to the future medical care the applicant will receive permanent disability payments every two weeks, until they have been paid the monetary value of their permanent disability.
Each type of settlement has its benefits and drawbacks. If you have questions about which type of settlement is best for you and your particular case, you should speak with an experienced workers’ compensation attorney. At Deering & Valle, we can help you determine which settlement would be a best fit for your needs. Contact us today for a FREE, no obligation consultation.