If you got hurt at work, you probably have a lot of questions about money. The biggest one is usually when the insurance company will finally offer you a settlement. In California, getting a settlement means you and the insurance company have reached a deal to finish your case. This does not happen the moment you report your injury.
The law says the insurance company has 30 days to respond to your initial claim. But that is just the start. Most cases do not settle until you are much further along in your recovery. You are looking at a process that takes anywhere from six months to over two years depending on how bad your injury is. Having a Los Angeles workers’ compensation lawyer help you can make the paperwork side of things move much faster.
Two Ways to Settle Your Case
You have two main choices when it comes to taking a settlement in California. The first is a Compromise and Release. This is a one-time lump sum payment. It sounds great because you get all the money at once, but there is a catch. Once you take that check, the case is closed forever. You cannot ask for more money later if your back starts hurting again or if you need another surgery.
The second option is called a Stipulation and Award. With this path, you get paid in weekly installments instead of one big check. The benefit here is that the insurance company usually has to keep paying for your medical care related to the injury. You can even reopen the case later if your health gets worse. Choosing between these two depends on if you will need help from a doctor for the rest of your life.
The Role of Maximum Medical Improvement
You cannot get a fair settlement until you reach a point called Maximum Medical Improvement or MMI. This is a fancy way of saying your body has healed as much as it is going to. A doctor has to look at you and decide that your condition is stable. If you settle before this happens, you are taking a huge risk.
Once the doctor says you are at MMI, they give you a permanent disability rating. This rating is a number that describes how much the injury changed your ability to work. A higher number means more money. If you try to settle before the doctor gives you this rating, the insurance company will likely offer you much less than you actually need to cover your future bills.
What Slows Down Your Settlement Offer
Several things can get in the way of you getting paid. The most common delay is the severity of the injury. A broken finger heals fast, so you hit MMI quickly. A spinal injury or a complex surgery takes a lot longer. The insurance company also needs to estimate what your future medical care will cost. If they think you will need a knee replacement in ten years, they have to factor that into the math.
Sometimes the insurance company disagrees with your doctor. They might think your disability rating is too high. When this happens, they might ask for a second opinion from a Qualified Medical Evaluator or an Agreed Medical Evaluator. This adds months to the timeline because you have to wait for an appointment and then wait for the report. Negotiations and court dates can also push your settlement further into the future.
Understanding Your Weekly Benefits
While you wait for a final settlement, you should be getting disability benefits. If you cannot work at all, you get temporary total disability payments. These are usually two-thirds of your average weekly pay. In 2026, the maximum you can get is $1,764.11 per week. There is a limit on these payments, though. Most people can only collect them for 104 weeks.
If you can still work but you are making less money because of your injury, you might get partial disability benefits. These payments help fill the gap between your old paycheck and your new one. You have to keep the insurance company updated on your earnings and your medical status to keep these checks coming. If you pay for any medicine or doctor visits yourself, make sure to ask for reimbursement.
Why Pain and Suffering are Different
Many people ask about getting money for pain and suffering. In a regular personal injury case, like a car accident, you can get paid for your physical and emotional pain. California workers’ compensation does not work that way. It is a no-fault system. This means you get benefits even if the accident was your fault, but you do not get extra money for pain and suffering.
The only way to get money for pain and suffering is if you can sue someone outside of the workers’ comp system. This might happen if a third party caused your injury or if your employer does not have insurance. You can also sue if your boss hurt you on purpose or retaliated against you for filing a claim. Otherwise, your settlement only covers medical bills and lost wages.
Talk to Hinden & Breslavsky Today
Getting through the workers’ comp system is hard when you are trying to heal. You should not have to fight insurance adjusters alone while you are in pain. Our team at Hinden & Breslavsky has years of experience helping people just like you get the maximum amount possible. Call our workers’ comp attorneys at (323) 954-1800 to set up a free consultation. Let us take the stress off your shoulders so you can focus on getting better.