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Getting Compensation In Workers’ Comp Cases

In a perfect world, no one would ever get hurt at work. Unfortunately, we don’t live in a perfect world and work related injuries occur very frequently throughout Orange County, California. If you or a loved one has been injured on the job, our workers’ compensation attorneys can help you get the compensation you are entitled to by law.

Compensation in California workers’ comp cases

In California you are entitled to receive compensation for certain things in a workers’ compensation case including:

  • Medical expenses
  • Vocational rehabilitation expenses
  • Temporary disability benefits
  • Permanent disability benefits

Unlike personal injury cases where you are entitled to receive money for pain and suffering, workers’ compensation does not allow injured workers to recover for the pain and inconvenience they experience as a result of work related injuries. If your work related injury involved a 3rd party who caused or contributed to your injury you may be able to pursue a personal injury claim against them in addition to the workers’ compensation claim you will also pursue.

Depending on the specific facts of your personal situation, you may receive payment in your workers’ compensation case in a number of different ways.

Lump sum payments

Many workers’ compensation cases involve lump sum payments of one form or another. The type of lump sum payment you may receive will depend on a number of factors including the timing of the payment and how the payment amount was reached. The three types of lump sum payments available in California are:

  • Commutation lump sum payments – Commutation lump sum payments must be requested through a petition to the court and you must submit proof of financial hardship to qualify for a commutation lump sum payment.
  • Compromise and release – Compromise and release payments are settlements of the entire workers’ compensation claim and they transfer the financial responsibility for any future medical care to the injured person. If you have reached a place of maximum medical improvement, a compromise and release may be an appropriate way to resolve your case.
  • Permanent disability advance – In some situations you may be able to get an advance on your permanent disability payments. This lump sum payment should be carefully considered because it comes with certain limitations and complications.
Monthly payments

In some situations, you may receive ongoing monthly or biweekly payments rather than a single lump sum payment. Your workers’ compensation attorney can help you understand what kinds of payments are available in your situation and he/she can also help you understand how workers’ compensation payments may affect things like Social Security Disability Income (SSDI) benefits and Supplemental Security Income (SSI).

If you have questions about compensation in your workers’ compensation claim, call the workers’ compensation attorneys at Howard Law. We can help you understand what kinds of compensation may be available to you and can work with you to get the compensation you are entitled to.