Legal Question in Workers Comp in California

I am currently involved in a worker's comp case. I have been offered a settlement. My question is can a person counter the offer and is there a cap on what they will pay.


Asked on 7/11/16, 10:22 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Yes you may 'counter-offer' and no, there is no 'cap' on what an insurer will pay. That said, if the adjuster on your claim has a $25,000 limit and you demand $35,000, that adjuster will just give up and send it to a supervisor (who will eyeball it extremely closely) because they individually cannot agree to a sum beyond their 'settlement authority". PLUS if you issue a demand for a million and the offer is $10,000, most adjusters will just assign the matter to a defense attorney with instructions to rush the matter to trial. If this amount is the insurer's first offer, you know it's the very very lowest amount the adjuster thinks the WCAB will accept as reasonable, and without an attorney you'll never know if your claim is worth 4 times as much.

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Answered on 7/11/16, 2:13 pm


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