Legal Question in Workers Comp in California

Can I receive pain & suffering in workcomp. case settlement?

Can I receive pain & Suffering in my settlement? Accident occured 4-97 the case to settle will be 8-25. Was told have two options lump sum of maybe $28,000.00 with no doctor or doctor with mos. checks.

Was told No pain and suffering can be added. Back surgery 9-98 Lmbar 4-5 opened in the front. Lost 3 years fighting for rights.


Asked on 8/16/00, 1:54 pm

1 Answer from Attorneys
Bahman Eslamboly Eslamboly & Barlavi

Pain & suffering in workers compensation case settlement

In California you don't recover for pain and suffering in a workers' compensation settlement.

The compensation in a workers' compensation settlement is based on the amount of Permanent Disability. Settlements in these cases are usually done by way of Compromise and Release (i.e. lump sum) or Stipulation (i.e. payments over time with medical treatment left open).

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Answered on 8/17/00, 3:52 am


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