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California Settling in Workers' Compensation

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When Should I Settle?

If you are considering settling your workers’ compensation case, you should wait until you have determined whether or not you require surgery, as the potential outcomes of surgery can exceed initial expectations.

Avoid taking risks when the financial responsibility lies with the employer ensure your medical situation is stable before settling.

Under What Circumstances Should I Settle?

  • When the cost of litigation outweighs the potential outcome: Lawsuits can be expensive and time-consuming. If the potential financial gain from pursuing legal action is not substantial or uncertain, it might be more advantageous to settle and avoid the costs and risks associated with litigation.
  • When the outcome is predictable and not in your favor: Assess the strength of your case and consult with our legal professionals. If the evidence or legal arguments are weak, it may be more sensible to settle rather than risk a negative judgment against you.
  • When the emotional toll is significant: Lawsuits can be emotionally draining, causing stress, anxiety, and even deterioration of mental health. Settling can help alleviate the emotional burden associated with prolonged legal battles.
Under What Circumstances Should I Settle?

How Much Do I Settle For?

Determining the amount to settle for depends on various factors, including the specifics of your case, the strength of your evidence, and your goals and priorities. Here are some factors to consider when determining the settlement amount: [1]

  • Evaluating damages: Assess the financial, emotional, and other tangible or intangible damages you have suffered as a result of the situation. This could include medical bills, lost wages, property damage, pain and suffering, or emotional distress.
  • Comparative cases: Research similar cases that have been settled or have gone to trial. This can provide a benchmark for what others have received in comparable situations.
  • Negotiation and compromise: Recognize that settling often involves negotiation and compromise. Determine the minimum amount you are willing to accept, as well as your ideal settlement amount. Be prepared to negotiate with the other party or their legal representatives to reach a mutually acceptable agreement.
  • Future costs and risks: Consider potential future costs and risks associated with continuing with litigation. This may include legal fees, the time and effort required, and the uncertainty of a favorable outcome.

Ultimately, determining the settlement amount is a personal decision that should align with your specific circumstances and goals. Seeking legal advice and engaging in thorough evaluations and negotiations can help ensure a fair and reasonable settlement amount.

What Are The Ramifications Of Settlement?

After all issues have been resolved, you can manage your own medical matters. The payment terms are no longer determined by the employer or carrier.

The choice of doctors and scheduling appointments is no longer determined by them. You have the freedom to make your own choices. However, this freedom comes with the consequence that settlement is permanent and cannot be changed. You do not have any options or recourse available.

You are responsible for all risks. If the unexpected occurs, you will no longer have the financial security provided by an insurance company with substantial resources.

What Are The Ramifications Of Settlement?

Contact Our California Workers' Compensation Attorneys Today

At Goldberg & Loren, our experienced attorneys offer comprehensive legal counsel and representation for workers’ compensation claims in California.

We will review your case, assess its merits, and negotiate on your behalf with insurance companies to help you obtain a favorable outcome. Our team can also provide advice and assistance with Waiver and Release Agreements.

Contact us today to schedule a free consultation and learn more about your legal options.


[1] California, S. O. (n.d.). DWC – I was injured at work – Division of Workers’ Compensation – How is my case resolved. https://www.dir.ca.gov/dwc/CaseResolved.html

George Goldberg

If you are considering settling your workers' compensation case in California, our team of skilled lawyers is available to provide assistance. Feel free to contact us today for the answers you need.

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