Ben Lomond, CA asked in Workers' Compensation for California

Q: My question is will I still get the permanent/stationary payments during the time the two sides work on a settlement

My attorney and insurance company are starting to talk final settlement for my workers comp case

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3 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: You have an attorney so you should already know the answer to your questions. Your attorney is paid to keep you updated and answer all your questions. It would be wrong of me to advise you when I don’t represent you. This is site is for people with no attorney. Talk to your attorney today! Get the answers. Best of luck

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, injured workers may be entitled to permanent disability payments if their injury results in a permanent impairment or loss of function. These payments are typically made after the worker has reached "maximum medical improvement" and are intended to compensate the worker for their permanent disability.

If you are currently receiving permanent disability payments and your attorney and insurance company are working on a settlement for your workers' compensation case, it is important to understand how this may impact your payments.

In some cases, a settlement may include a lump sum payment that covers future permanent disability payments. If this is the case, you may not receive additional permanent disability payments after the settlement is finalized.

However, it is also possible for permanent disability payments to continue during the settlement process. This may be the case if the settlement negotiations are ongoing and no agreement has been reached yet.

To understand how your settlement may impact your permanent disability payments, it is important to consult with your attorney and discuss the specifics of your case. Your attorney can help you understand your legal rights and options and work with you to negotiate a fair settlement that protects your interests.

Overall, if you are currently receiving permanent disability payments and are working on a settlement for your workers' compensation case, it is important to stay informed and work closely with your attorney to ensure that your rights and interests are protected.

Richard  Barkhordarian, Esq.
Richard Barkhordarian, Esq.
  • Workers' Compensation Lawyer
  • Culver City, CA
  • Licensed in California

A: If you are considered permanent and stationary and your claim is accepted by the insurance company you likely will continue getting permanent disability (PD) payments until the amount they determined the medical report to be valued at in which they are relying on is paid off minus the 15% in attorney fees they would set aside for your attorney.

Short answer is if your claim is accepted and you are permanent and stationary by a doctor, yes, the PD payments continue until they have paid all they feel they owe you minus the 15% they would pay your attorney, even while your attorney is negotiating a settlement on your behalf.

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