What to expect from my workman’s comp settlement in California.?
I have my settlement hearing on Monday and I have no clue what to expect. My injury steamed from a hostile work environment which caused me to have a stress induced stroke. I am fully recovered but no longer have my job. Anyone know what I can expect?
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Awards/settlements for PPD can be confusing. There are statutes that have pre determined the amount of your award…calculated by the PD % rating provided by your doctor.
It’s not always a simple calculation, varies by injury, and shouldn’t be compared to what other IW’s might have received. ALL IW’s are different, the injuries affect differently, and recovery, rating will be unique to that individual. Your atty isn’t keeping you in the dark, there isn’t really a way to predict the dollar amount you might receive in a award/settlement. Those are different however… an award is money that is pre determined by the statute, a settlement is an agreement between the parties to resolve the claim.
Whether you should consider closing out the medical in your claim would depend on the future medical needs. IF you accept a lump sum for the medical, all additional treatment will be out of your pocket. Medicare will be advised of your claim/settlement and track it. When you do become Medicare eligible, you’ll have to prove you have exhausted the medical money before you will receive Medicare benefits to your injury/body part.
If you are fully recovered, with no resulting impairment, or
permanent disability resulting from your injuyr, with no PD/WPI
rating..there is NO indemnity due under the law. You could look for
an offer to Compromise and Release the employer/carrier from any
further liability for your claimed injury. They’ll pay a stipend
for your inconvenience, but not required to under the law. A WCAB
judge has no authority to give you any money other than what would
be based on the PD rating. Only access to additional medical care
based on need and substantiated by your PTP. You are not “due” any
money based on the info you provide here. Awards of indemnity are
not based on the type of injury you suffer, or the amount of
treatment you are provided. Only the resulting impairment.
If you get seriously injured in the country, you will be put into poverty. No one cares, especially insurance companies, who are just in it for profits. The California Workers Compensation program is privately funded, with little regulation. For the person seriously injured you can expect to be in the system for years, up to 10 years or more. You will most likely use up all your savings, lose your house and family. This is what happens in America. Of course the insurance companies want to push you onto Medicare, if you qualify,(that can take years too), but both are within poverty range. It’s funny Medicare the program Republican’s what to do away with. There will be a revolution, like you have never seen in this country, if that happens!