The most usual way for a worker’s compensation case to end is with Compromise and Release, or C&R. When a claim is closed like this, a certain lump sum amount of monetary recovery is paid to the injured party and 15 percent or more of that sum is paid to the claimant’s attorney. The financial recovery is provided by the employer’s insurance carrier. The moment the judge approves the C&R closure of a workman’s compensation case, the case is closed forever. The injured party cannot receive any other benefits on the grounds of the injury.
There are other closures in which the hurt employee is provided a life-long medical care and the judge determines or the parties agree on what the closing medical report should be for that claim. This future medical care or FMC is provided under Stipulation & Award and Findings & Award.
Most injured parties finally chose the C&R closure and waive the life-long medical plan for a number of reasons which are usually case-specific. The ultimate decision should be made with all the information and advice provided by the case-leading attorney.
C&R when workman’s comp was denied
When the employer’s insurance carrier or a third party administrator tells the injured workman that no benefits will be paid out for the injury, that’s called a denial of the compensation claim. Unfortunately, too many legitimate compensation claims are denied every year in the state of California.
The workmen who experience a claim denial commonly decide to retain the services of an attorney in order to appeal to the Workers’ Compensation Appeals Board or WCAB. The applicant’s attorney and the injured party will gather medical reports as evidence for the trial. Simultaneously, the attorney defending the insurance adjuster will investigate the case and hunt for the weak spots.
In the end, both attorneys are usually able to reach an agreement that settles the case in a way that it acknowledges the seriousness of the injury and the risks of not recovering the desired benefits. This is called a compromise and it secures a compensation both parties can accept taking into account the circumstances of the case. C&R allows the parties to avoid the risks of litigation. If the claim was initially denied, that’s commonly because there are some issues that render C&R more acceptable.
Hiring an attorney who is experienced and skillful will ensure you get the adequate guidance in your case. If you or someone dear to you has been denied a worker’s compensation claim in Los Angeles County, don’t hesitate to contact Workers’ Compensation Attorney Group in Los Angeles for a free review.
C&R when a claim is accepted
C&R is a common option even in cases when the initial claim is admitted by the employer’s insurance adjuster. C&R is then resorted to when the hurt worker risks recovering a smaller compensation than desirable or the adjuster is afraid of having to pay more. This is all because of a notion called “nature and extent”. It is generally a challenged issue in every workman’s comp case. With the nature and extent issue it’s acknowledged that the injury happened in the workplace. What is being established by expert medical professionals is how serious the injury is. Like any testimony, doctor opinions can vary and are prone to contestation, which puts both parties at the risk of an uncertain outcome regarding the amount of the compensation. In that case, C&R through a lump-sum compensation could be a satisfactory settlement for both parties.
Claimants often choose C&R as a way of getting out of the workers’ compensation system. The medical treatment and care provided by the employer’s insurance carrier is commonly very complicated and untimely and doesn’t secure proper, prompt and continuous medical attention the injured party requires. By getting a lump-sum compensation in cash, the applicant can have their private medical insurance take care of them.
Hire an experienced attorney in LA County for your workman’s injury case
The best guarantee you can get for reaching a satisfactory closure in your case is retaining the services of an experienced, aggressive and ethical lawyer at Workers’ Compensation Attorney Group in Los Angeles. We are always available to provide you a pressure- and obligation-free case review at no expense. Contact us right away let us evaluate what your chances are. If you do decide to hire us, you will pay only if we win, because we work on a contingent fee. For that reason, if we accept to represent you legally, you can rest assured we’re confident we will win.