Marysville, CA asked in Employment Law and Workers' Compensation for California

Q: my daughters work comp settlement included a large amount for the weekly work payments she should have received leaving

her nothing to live on for a year i hade to take her in.

2 Lawyer Answers
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: I understand your concern about your daughter's workers' compensation settlement in California. It seems that a significant portion of the settlement was allocated to cover the weekly payments she should have received, leaving her with insufficient funds to support herself for a year, which led to you taking her in.

Under California law, workers' compensation settlements typically include various components, such as:

1. Temporary disability benefits: Payments made to the injured worker while they are recovering and unable to work.

2. Permanent disability benefits: Compensation for the permanent effects of the injury on the worker's ability to earn a living.

3. Medical treatment: Coverage for necessary medical care related to the work injury.

4. Vocational rehabilitation: Services to help the injured worker return to suitable employment.

It is important to review the settlement agreement carefully to understand how the funds were allocated. If you believe that the settlement was not fair or did not adequately compensate your daughter for her lost wages and ongoing needs, you may want to consider the following options:

1. Consult with a workers' compensation attorney to review the settlement and determine if there are any legal grounds to challenge the agreement.

2. Contact the California Division of Workers' Compensation (DWC) Information and Assistance Unit for guidance on the process and your daughter's rights.

3. If your daughter's condition has worsened since the settlement, she may be able to petition to reopen her case and seek additional benefits.

It is crucial to act promptly, as there are time limits for challenging workers' compensation decisions in California. An experienced workers' compensation attorney can help you navigate the process and protect your daughter's rights.

Neelu K. Khanuja
Neelu K. Khanuja pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Workers' Compensation Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Was this a final settlement, is the case closed?

One type of Workers’ Compensation settlement is a Stipulated Award. A Stipulated Award settles only the disability benefits not the whole claim. From your description of what was received from the settlements, it is possible it could have been a Stipulated Award.

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