When you suffer a permanent or debilitating injury through a workplace accident or contract a chronic illness due to conditions you were exposed to at work, a workers’ compensation claim will likely end with a private settlement agreement. You have a few options to negotiate a fair settlement as well as several rules and restrictions, which are mandated by state law to consider.
Workers’ compensation settlements in Torrance are often extremely complicated matters with exceptionally high stakes for you and your family. You should not try to handle the process alone. Instead, you should strongly consider contacting and retaining a knowledgeable workers’ compensation attorney who can make sure your best interests and rights are respected throughout this process.
Disputes often happen in workers’ compensation cases. If there are any disagreements regarding benefits in Torrance between an injured or sick individual and the insurance company, either party can request a Mandatory Settlement Conference with a judge. This decision could resolve any compensation issues without going to trial.
There are several other types of hearings that can be requested during the workers’ compensation claims process to resolve more specific issues, too. An Expedited Hearing, for instance, can be used to resolve disputes over necessary short-term medical treatment or temporary disability benefits. This process begins with the petitioning party filling out and filing a Declaration of Readiness to Proceed to inform the court that a hearing is necessary to resolve disputes that could not be resolved informally. If the court grants this motion, the parties must jointly complete and file a Pre-Trial Conference Settlement establishing exactly what issues they agree on, what issues must be resolved, and what witnesses and documents will be presented during trial.
Settlement agreements in Torrance workers’ compensation cases typically take one of two forms: a Stipulation and Award or a Compromise and Release.
A Compromise and Release settlement is the most straightforward as it settles all issues related to the claim in question. It puts an agreement in writing for the insurance company to provide a single lump-sum payment to the injured party, and formally and permanently closes the case.
A Stipulation and Award settlement entails both involved parties to come to an agreement regarding the specific injuries the worker sustained. It also requires both parties to decide what temporary and permanent disability benefits the individual should receive—or continue to receive—from the insurance company.
This type of settlement typically entitles the individual to lifelong medical care for their injury or illness, allows them to keep their old job, and allows them to reopen their claim if their injury significantly worsens over time.
Compromise and Release settlements are more common in situations where everyone is confident that the injured party has reached maximum medical improvement, while Stipulation and Award settlements leave more room for change in the future. Either way, guidance from experienced legal counsel can be essential to fend off arguments from insurance providers and help you to get the compensation you deserve.
Working closely with a skilled attorney can make a huge difference in how effectively you pursue a workers’ compensation settlement in Torrance. Learn more by calling us today for a consultation.
