Legal Question in Workers Comp in California

I am on workers compensation and the doctor has determined that I am permanent and stationary. My employer wants to settle. Can I ask for future wages and also ask for future medical insurance benefits in the workers compensation settlement?

Asked on 11/17/20, 11:44 am

3 Answers from Attorneys


No. You can demand costs of future medical treatment to be paid to you. However, your employer and the carrier will pay you that only if you agree to resign. If you have been treating with insurance company doctor, you will most likely receive a small impairment and many times no impairment and you will receive a small settlement. You have a right for an independent review by a Qualified Medical Examiner (QME).

Because worker's Compensation area of law is so specialized, I recommend to you to retain an attorney because you really can't handle your own case. Feel free to call me at 213-388-7070 for a free consultation.

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Answered on 11/17/20, 12:18 pm

Workers compensation settlements do not allow for loss of future wages. It allows for loss of future earning capacity which is called permanent disability. Your doctor decides on the percentage of disability you have. You can also ask for the value of your future medical care and treatment, or leave it open so you can see your doctors for the rest of your life. Depending on what your doctor opined as to the percentage of your disability, you may wish to be evaluated by a Panel Qualified Medical Evaluator. The claims adjuster is obligated to send you the information once your treating physician releases you. If you have more question, please look me at Good luck. Michael Sabzevar

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Answered on 11/17/20, 12:32 pm
Nancy Wallace Nancy Wallace Atty at Law

Sort of. The 'permanent disability' indemnity due you is for the diminished earnings you will get with your body less able to compete in the labor market. But this isn't Personal Injury law so we don't call it 'future wages' nor 'lost wages'. The Labor Code has no section paying the Injured Worker for the lost medical insurance benefits. BUT YOU DO get future medical treatment on the injured body parts. So you use words like Future Medical Treatment to demand the thousands you need to cover your lost future earnings and lost future medical insurance. YOu can toss out New & Further Disability as a right that you would surrender in a lump-sum settlement that closes all rights (the Compromise & RElease Agreement). Trouble is, you have zero clue if the MMI report is fair or even covers all losses, whether you should object to the MMI report and get a Qualified Medical Evaluation (QME) and if you get a list of QME doctors, how do you pick one that doesn't hate injured workers and writes that you get zero??? GET AN EXPERIENCED WORKERS COMP ATTORNEY, it only costs 15% of your final award and you never write a comes out of the judges order at the end and the insurer pays it directly. Then you have someone who got you the very most benefits possible (becaue 15% of $200,000 is so much nicer than 15% of $20,000), and you have someone to ask such questions of through the process whenever your wish.

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Answered on 11/17/20, 3:51 pm

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