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The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.
Most workers' compensation cases settle at some point during the litigation process.While in other cases, the effects from the injury continue to linger and at some point the injured worker, the work comp insurer, or both, decides to reach a settlement.
The worker's compensation insurance company is required by law to pay you certain benefits. They are not allowed to stop paying those benefits unless you are returned to health or certain other factors are met.
Settlement of a California Workers' Compensation Claim. An injured worker can settle his or her claim for California workers' compensation benefits case by agreeing to have the insurance company provide future medical care for the injury for life, or by taking a lump-sum of the cash value of future medical treatment.
Generally, it should take a week or two to get the settlement agreement to your attorney from the other side. When everyone has signed, your settlement must be approved by a Workers' Compensation judge, which can take up to two weeks. Once it is approved, an insurance company has up to 30 days to mail your check.
Usually it takes 4 to 8 weeks from when you reach a settlement agreement through direct negotiation or mediation to get your workers compensation settlement money.
Not every one of those injuries should result in a workers comp settlement. But some definitely should. When the employee has a legitimate case they should receive compensation from their employer to cover the damages. The process of getting a settlement can be difficult and a little confusing.
Receiving workers' comp benefits does not necessarily mean you will receive a settlement offer. Rather, numerous factors play into this decision. Your company may think you'll be back on the job quickly or that you're able to do some work, which can determine whether you receive a workers' comp settlement offer.
You will receive temporary total disability benefits if you are unable to work after the seventh day of disability. If you are unable to work more than 14 days, then the first seven days become payable. These pay two-thirds of your average weekly wages. Once you return to the job, your benefits will stop.