It can be difficult to navigate California’s workers’ comp system, especially when you don’t fully understand how settlements work. Settlements allow injured workers and employers to resolve claims and avoid a trial. Injured workers can understand more about the potential benefits they can receive with a settlement by reviewing a California workers’ comp settlement chart.
Temporary and Permanent Disability Workers’ Compensation
Temporary disability benefits are available if you are unable to work for a specific amount of time due to your injury. These benefits usually end when you return to work, when your doctor says you can return, or when your condition is stable.
If you sustained your injury on or after 1/1/2024, the temporary disability payment you are entitled to is as follows:
- For workers with a weekly wage below $364.29 – $242.86/week
- For workers making $364.30 to $2,428.72/week – two-thirds of your average weekly wage
Your permanent disability percentage is the determining factor in calculating the amount of permanent disability benefits you can receive from a settlement. In 2024, if you have a least 1% permanent disability, you are entitled to at least $160/week and up to $290/week in benefits. You may also be offered a supplemental job displacement benefit of $6,000 if you are unable to continue your job duties.
The figures below tell you how long you can receive permanent disability benefits for each 1% of your disability rating. For example, a 10% disability rating would entitle you to payments for 40 weeks:
- Under 10% – times three weeks
- 10% – 14.75% – times four weeks
- 15% – 24.75% – times five weeks
- 25% – 29.75% – times six weeks
- 30% – 49.75% – times seven weeks
- 50% – 69.75% – times eight weeks
- 70% – 99.75% – times 16 weeks
Workplace Death Compensation
When a worker dies as a result of a workplace injury, their dependents may be able to receive death benefits. Dependents of deceased workers who suffered injuries on or after 1/1/2013 may be entitled to these benefits:
- $10,000 for burial expenses
- $250,000 for one total dependent
- $290,000 for two or more total dependents
- $320,000 for three or more total dependents
- $250,000 for one total dependent and one or more partial dependents. Partial dependents can also receive four times the yearly support they were receiving from the deceased, not exceeding $290,000
- One or more partial dependents can receive eight times the yearly support, not to exceed $250,000
For totally dependent minors, the benefits will cease when the youngest dependent reaches 18 years of age unless they are disabled.
Types of Workers’ Comp Settlements in California
There are two primary types of workers’ compensation settlements in California. Employees should be fully aware of what they are agreeing to before accepting one of these settlements:
- Stipulated Agreement. In a stipulated settlement agreement, the injured worker and the claims administrator come to an agreement on the amount the insurance company will pay for temporary and permanent disability benefits. This settlement allows you to receive periodic payments and, usually, continued medical care as needed, even after the case is closed. You may also be able to reopen your case if your condition worsens within five years of the injury date.
- Compromise and Release. Settling a case through compromise and release is a way to receive all benefits in one lump sum in exchange for closing the case entirely. The settlement amount is mainly based on your amount of permanent disability and estimated future medical costs.The insurance company will not cover any future medical treatment if your condition worsens later. With this settlement offer, you can get instant financial relief, but you will be responsible for your future medical expenses.
Before agreeing to either of these settlement types, consider the stability of your condition and the potential for future medical treatment. If you are in need of immediate financial relief, a workers’ comp lawyer can help you negotiate a settlement amount that includes coverage for potential future medical costs.
FAQs
How Long Does It Take to Reach a Workers’ Comp Settlement in California?
The timeframe for reaching a worker’s comp settlement varies, depending on the severity of the injury, the complexity of the case, and whether or not there are disputes. In simple cases, a settlement can be reached relatively quickly.
However, cases that are more complicated can take much longer to reach a settlement agreement. In some cases, an insurance company will wait for your doctor to conclude that your condition has reached maximum improvement before deciding on a settlement.
What if I Don’t Agree With the Settlement Offer?
If you don’t agree with the settlement offer, you have every right to refuse it and negotiate an amount you are happy with. If you and the claims administrator are unable to come to an agreement, however, your case is likely to go to trial. Here, you will present your argument and evidence in front of a judge who will decide on a ruling. Having a workers’ comp lawyer represent you at the trial can make a big difference in how the judge rules.
Can I Get Workers’ Compensation if My Injury Was My Fault?
Workers’ compensation in California is not based on fault. There is no need to prove someone else caused the injury; you can still receive workers’ compensation if your injury was partially or fully your fault. However, certain circumstances make you ineligible for workers’ compensation, including if you were under the influence of drugs or alcohol when the accident occurred, if you intentionally caused your injury, or if you were committing a crime when the injury occurred.
Do All Workers’ Comp Cases End in a Settlement in California?
Not all workers’ comp cases end in a settlement in California, although many of them are resolved this way. Workers who suffer minor injuries that don’t require long periods of recovery may be less likely to receive a workers’ comp settlement, and their claim may be denied altogether. Cases where parties cannot reach a settlement on their own are usually given a ruling by a workers’ compensation trial judge.
Ask a California Workers’ Compensation Lawyer
All injured workers in California should understand the state’s workers’ compensation settlement process. Settlements can provide compensation for lost wages, current and future medical expenses, and other damages. With the help of a workers’ comp lawyer from English Lloyd & Armenta, you can gain a better understanding of how settlements are calculated and improve your chances of receiving a fair settlement. Contact our office today.