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Settlement Process

The Bay Area Workers’ Compensation Settlement Process

The lawyers at DuRard, McKenna & Borg are professionals dedicated to helping California workers get the compensation they deserve after a work-related injury or illness.

California law determines permanent disability benefits.  After we request a state disability rater to review and rate your case, the claims administrator can choose to offer you a workers’ compensation settlement in the Bay Area.

A claims administrator is responsible for deciding how much to pay in an injury settlement.  He or she takes the following into consideration when determining a figure:

  • The injury rating
  • Wages before the injury
  • When the injury occurred
  • Whether the employer offers regular and/or modified work

Different Types of San Francisco Workmans Comp Settlements

An administrator can offer settlements that work in the following ways:

  • Stipulations with Request for Award (Stips)
    • You and the adjuster must reach an agreement about when, how much, and for how long you will receive permanent disability payments
    • The adjuster usually agrees to keep paying your medical expenses as long as you need care
    • You can usually request an increase if your condition worsens and the adjuster can request a decrease if it improves within five years of your injury
  • Compromise and Release (C&R)
    • The adjuster agrees to pay you one lump sum payment to cover the permanent disability payments not received yet and other benefits
    • C&R workers’ compensation settlements only include vocational rehabilitation benefits in certain situations
    • The claims adjuster will no longer pay your doctor if your lump sum payment includes the estimated future cost of treatment and it is your responsibility
    • You do not have the right to request an increase and the adjust cannot request a decrease if your condition changes

If you and the claims administrator agree on a San Francisco workmans comp settlement, you must present it to a compensation judge for review.

Help with a San Francisco Workmans Comp Lawsuit

You do not have to agree to a settlement offer if you feel it does not cover the severity of your injury and its subsequent costs. DuRard, McKenna & Borg has skilled negotiators who have spent years working with claims adjustors.  Our goal is to help every client get an adequate workers’ compensation settlement.

If we cannot reach a satisfactory settlement on your behalf, we present your case to a workers’ compensation judge.  We also help you understand and receive other benefits to which the law entitles you.

Contact Experienced Bay Area Workers’ Compensation Settlement Attorneys

If a work-related injury or illness prevents you from working, DuRard, McKenna & Borg can help you get fair compensation.  While the worker’s compensation system can be difficult to navigate successfully, we ease the process as much as possible.  Contact us and discuss how San Francisco workmans compensation settlements work.  You can also call the office at (650) 425-3278.

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Our Office
  • San Mateo Office
    2015 Pioneer Court
    Suite A
    San Mateo, California 94403
    Phone: 650-348-6741
    Fax: 650-348-6979