If you injure yourself on the job and are unable to work, whether the injury is temporary or permanent, you have the right to collect workers’ comp insurance. In California, you have the right to negotiate a lump sum settlement rather than receiving weekly permanent disability payments. Sometimes a structured settlement is your best recourse. The laws are tricky and you need to make sure that you don’t give up any of your rights.
The insurance company is always going to throw some offers to you but is it in your best interest to accept? One you accept, there is no turning back. There are pros and cons to accepting a settlement but do you really know what they are or what to consider now that can affect your future?
If you accept a settlement you avoid trial, which is good since trials can take very long to get to. When you do make it to trial, you could get less than was initially offered. On the other hand, if you may require future surgeries or medical treatments for your injury you may want to reconsider a settlement as you will waive your right to that and your health insurance probably won’t cover it either.
The degree of your disability plays a huge role in how much the insurance company will offer you. Your percentage of disability is factored into a formula that is converted into a monetary amount. This is a venture that should not be handled without the expertise of a qualified California attorney who knows the workers’ comp law.
You must consider any unpaid bills for medical treatment, the cost of continued medical care, medications, and other anticipated costs. Will you fully understand the verbiage of the contract? Before you sign any settlement agreement, make sure you know. Allow a knowledgeable California attorney to negotiate a higher settlement offer with the insurance company that you can on your own.