Your Workers’ Compensation case is settled when you come to an agreement with the defendant about your injury, which includes permanent disability and future medical care. Generally, settlements occur when you reach maximum medical improvement by the doctor. There are two different ways to settle a Workers’ Compensation injury in California:
STIPS: Stipulations with Request for Award
In a STIPS case, you and the defendant come to an agreement on the amount of permanent disability percentage based on the medical determination of the PTP and/or QME-AME you will receive when you reach maximum medical improvement. In most cases, these payments will be issued biweekly at the PD rate, which is less than the TD rate.
Future medical care for your work injury is left open for the remainder of your life, so long as the medical treatment is secured in the Workers’ Compensation system.
This type of settlement is the minimum settlement you will receive for your work injury unless the defendant voluntarily agrees to resolve your case by C&R.
C&R: Compromise and Release
In a C&R case, you and the defendant come to an agreement on an amount to resolve your payment, usually in one lump sum payment to buy our any actual (or estimated) permanent disability and any estimated future medical care that you may need for your work injury. Future medical recommendations are determined by the PTP and/or QME-AME.
The defendant will not be responsible for paying for your medical treatment for your work injury after the Judge approves this type of settlement.
This type of settlement is optional for the defendant as they do not have to agree to a lump sum buy out of your work injury.
What if I can’t come to an agreement?
If you cannot come to an agreement with the defendant, your dispute will be decided by a workers’ compensation Judge who will determine if the medical reporting for your work injury is substantial medical evidence, your credibility, and determine any other legal and/or factual disputes between you and the defendant.
If you have any questions, please feel free to reach out to the Law Offices of Melissa J. Lyons, Inc. for a free consultation to discuss your work injury and how she may be able to help you maximize all of the benefits that you may be entitled to.
