Workers’ Comp Settlement Lawyer in San Diego

C&R vs. Stipulated Award: two ways to settle

Most California workers’ comp cases end in one of two ways. Each one treats future medical care differently, and that difference can matter as much as the amount on the page.

Stipulations with Request for Award

You and the insurer agree on your permanent disability, and you receive it in payments over time. Future medical care for the accepted injury usually stays open, so the insurer keeps paying for treatment you need later, still subject to its usual review process. In many cases you can also ask to reopen the award for new and further disability within five years of the date of injury.

Compromise and Release (C&R)

You receive a lump sum that settles the claim, usually including future medical care. After the judge approves it, you generally pay for later treatment of the injury yourself, through health insurance or out of pocket. A C&R can also resolve disputed issues, such as whether a body part was injured at work. It is generally final, and very hard to undo.

Which one fits your situation

A Stipulated Award often makes sense when the injury is accepted and you expect to need ongoing treatment. A C&R may fit when you want to close the case, when you have other coverage for medical care, or when there are disputes you would rather resolve than take to trial. The right choice depends on your medical needs, so talk it through before you decide.

Either way, a workers’ comp judge has to approve the settlement. For a Compromise and Release, the judge considers whether the agreement is adequate. But the judge isn’t your advocate, and doesn’t know everything you know about your own injury.

What a settlement offer review looks at

Before you decide on an offer, it helps to know what it’s built on. When we review a settlement offer, we look at:

• The permanent disability rating behind it, and whether the medical report supports it
• Whether every injured body part is included
• The cost of the medical care you’re likely to need, including any surgery a doctor has discussed
• Temporary disability that may be owed and was never paid
• Liens that may come out of the settlement, such as for state disability insurance you received
• Whether the paperwork asks you to resign or give up other claims

If you’re on Medicare, or may be soon, a settlement that closes future medical care may need to account for Medicare’s interests, sometimes through a Medicare set-aside. That’s worth sorting out before you sign, not after.

When to call a lawyer about a settlement

Call a lawyer before you sign if any of these apply:

• You received a settlement offer or settlement documents to sign
• The insurer wants a Compromise and Release, and you still need treatment
• You aren’t sure your permanent disability rating is right
• Part of your claim was denied, or a body part is disputed. Our page on a denied workers’ comp claim explains your options.
• Your employer wants a resignation as part of the deal
• You’re on Medicare or Social Security disability, or expect to be

A workers’ comp lawyer’s fee is approved by a judge and paid out of your award, so there is nothing to pay up front. You can also see the other types of workers’ comp claims we handle.