It is possible for a workers’ compensation insurance provider to continue paying benefits regularly to a permanently disabled person for decades. However, in reality, workers’ compensation claims in California that are accepted by the insurance company virtually always end with some settlement agreement between that company and the injured or sick worker, even if they have still not fully recovered—or will never fully recover—from their work-related condition.
Workers’ compensation settlements in Van Nuys are certainly not something you should avoid at all costs, but you should still be careful about negotiating for the right settlement rather than just accepting the first offer you are given. Guidance from an expert workers’ compensation attorney could be essential to effectively and efficiently get the compensation needed, regardless of your condition or how much in benefits you will need to make up for it.
Someone who gets seriously injured or sick on the job in California to the point that they cannot work for a significant length of time is entitled to up to two years of temporary disability benefits through workers’ comp, followed by permanent disability or job retraining benefits if they are never able to return to their old job. When a person is only temporarily disabled, there may not be any need to settle their workers’ comp claim because their benefits may taper off naturally once they recover fully from their injury or illness.
If permanent disability benefits come into the picture, the insurance company will likely push for a settlement at some point, in which case the person bringing the workers’ compensation claim should generally refrain from accepting a settlement offer until they have reached maximum medical improvement as determined by their treating physicians in Van Nuys. Only at this point will they be able to estimate the financial value of benefits accurately they will need for the rest of their life based on what condition they can expect to be in for the decades to come.
California state law allows workers’ comp settlements in Van Nuys and elsewhere in the Golden State to be structured in one of two ways. The more straightforward of the two is a Compromise and Release settlement, which involves the insurance company providing a single lump-sum payment to the person bringing the claim to cover all future medical expenses and disability payments, then permanently closing the case.
This first option works well in situations where their condition is expected to remain stable for the rest of their life, but the second type of settlement—a Stipulation with Request for Award—is more appropriate for situations where the severity of a disability may continue to fluctuate over time. In a nutshell, a Stipulation settlement means that the insurance company will continue to be liable for the costs of ongoing medical treatment related to the worker’s disability.
No two workers’ comp claims are alike, and neither are any two workers’ compensation settlements in Van Nuys. If you want to effectively negotiate for a settlement that suits your needs, you will almost certainly need support from a legal professional who has handled all kinds of workers’ comp claims successfully on behalf of workers like you.
A dependable lawyer could help you get the benefits you deserve. Call today for a consultation.
