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Receiving a Settlement for Lost Wages

Oakland Attorneys Provide Useful Legal Advice When Structuring a Workers’ Comp Settlement Legal Guidance for Injured Workers in Fremont, Hayward and the Entire San Francisco Bay Area

Many employees miss work when they are injured or suffer a work-related illness. If you are unable to work for a significant period of time, the California Workers’ Compensation program offers benefits for conditions that result in partial and total disability. If your benefits are delayed or your insurer offers a compensation settlement, you need legal help to decide how to proceed.

Located in Oakland, the Law Offices of John E. Hill, P.C. offers effective advice and representation for obtaining the full benefits to which you are entitled. We explain the details of a potential settlement offer that would conclude your case and help you evaluate whether to accept the offer or to continue through further phases of the claim process.

Understanding Workers’ Compensation Settlements for Lost Wages

If you are diagnosed with a disability as a result of your workplace injury or illness, your employer or insurance company may opt to dispute the claim. Employers often fight prognoses of the following types of disability:

  • Temporary partial disability (TPD) — You are temporarily unable to perform your usual work duties but may be able to work in a different capacity as you recover.
  • Temporary total disability (TTD) — You cannot perform any work-related tasks during your recovery.
  • Permanent partial disability (PD) — Your injury has caused permanent impairment of a body part, or a permanent loss of function.
  • Permanent Total Disability – You are considered unemployable or “not competitive” in the open labor market

As you recover from your illness or injury, your doctor monitors your progress. When you reach a point in the healing process at which your recovery appears complete (or has progressed as far as it will), your condition is considered “permanent and stationary.” Your doctor issues a P&S report that details information about your injury, the types of work you can do and the proximate cause of your disability.

If you are deemed to have a permanent disability, you may be eligible for a wage settlement package from your insurer.

Structuring a Benefits Settlement to Suit Your Future

When you reach a point of maximum medical improvement, disputes may arise with your insurer over previously unpaid temporary disability and future claims for permanent disability. Payment for permanent partial disability differs from compensation for permanent total disability.

When you secure representation from the Law Offices of John E. Hill, P.C., our attorneys help you consider important features of your settlement structure, including the following:

  • Accepting a lump sum settlement offer from your insurance company usually relieves the insurer of later liability for payment of future wage loss and medical treatment.
  • If you can prove that “serious and willful misconduct” on the part of your employer caused your injury, you may be eligible for a considerable increase in the monies owed to you under the Workers’ Compensation system.

It is important that you do not verbally accept any offer from your employer or insurer to settle your Workers’ Compensation case without first receiving adequate advice and considering your options. If the settlement is not structured carefully, you may limit your ability to obtain medical care and other assistance in the future.

Work With Workers’ Compensation Attorneys You Can Trust in Northern California

A permanent injury lasts a lifetime. Do not shortchange your future — consult an experienced California Workers’ Compensation attorney at the Law Offices of John E. Hill, P.C. for useful advice. We maintain flexible office hours and offer a free initial consultation. Contact our firm online or call (510) 588-1000 today. Hablamos español.

Client Reviews
“I live on the east coast. I needed a lawyer to represent me in a personal injury suit. Never having been involved in lawsuit before, I didn't know what to expect. I selected John Hill based upon my research of Bay area attorneys and was not disappointed. He and his staff were very easy to communicate with despite the distance and 3 hour time zone difference. They are knowledgeable and have a huge base of experience. Most of all, I was always treated with kindness and respect as we moved through the process. Needless to say, I am extremely satisfied with my settlement. Without reservation, I give my whole hearted recommendation to Mr. Hill and his staff.” Cathy Walls
“Intensely dedicated to getting the best results possible for me on several cases. John Hill tells you honestly and clearly the pluses and minuses of your case and makes sure you understand completely all options. He is completely professional and one of the most affable persons you will ever meet.” Dan Wilson
“They handled my case with no problem love how effective & efficient they were!” Aja Jordan
“I was represented by INNA BIMITS in a workers compensation case. She is the BEST!!! I couldn’t have had a better attorney than her. I highly recommend her to anyone in need of a workers compensation case. Her Assistant’s were very nice, helpful, and returned my calls right away. It was a long process but they were with me through it all. They were very patient with me explaining every process and gave me great advice. Inna gave me the best results possible and I am very pleased with her representation. Hiring her was the best decision ever.” K.C.
“Exquisite advice with Worker’s Compensation Case! This law office, all support staff, and assistants are responsive and helpful. I especially appreciate the legal advice and clarifications I received from Joanne Helvig, Esq. She is an excellent lawyer, fights hard, is thorough, provides great attention to every detail, sorted through financial bills, and got me through a long legal battle. I appreciate this great lawyer. As an injured worker, I got what I needed.” M.R.