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In California, the parties have a right to negotiate a Compromise and Release to resolve their claim. These settlements are often effective for both parties. In fact, most workers' compensation claims are now settled through C&Rs. It is important to note that these agreements must be approved by a judge.
A judge will usually hold an informal hearing to make sure you understand the agreement and that the terms are fair. If the judge approves the settlement, you will receive your lump-sum payment within 30 days.
It is possible to collect unemployment after a workers' compensation settlement, but oftentimes a resignation letter will become part of the settlement deal. If you signed off on the resignation letter then you will no longer be able to collect unemployment.
Does Workers Compensation Law Require Me to Resign My Job as Part of a Settlement? No. There is no specific workers compensation rule or law that requires you to resign your job when you settle your workers comp claim.
A compromise and release (C&R) is an agreement in which the insurance company pays the injured worker a lump sum check to settle the entire workers' compensation case. The value of the settlement is determined mainly by the present (and projected future) lost wages and medical care expenses.
A Stipulation and Award pays the injured worker for permanent disability. This must be paid at a specific dollar amount every week. A check is sent to the injured worker every other week. There is no lump sum payment.
A judge will usually hold an informal hearing to make sure you understand the agreement and that the terms are fair. If the judge approves the settlement, you will receive your lump-sum payment within 30 days.
The Average Workers' Comp Settlement In California, the average workers' compensation settlement is two-thirds of your pre-tax wages. Research shows that the typical amount is between $2,000 and $20,000.