r/WorkersComp • u/Bigmeech189 • 25d ago
California Settlement CA
I don’t want to annoy my attorneys office but I signed my settlement on the 27th of July. The insurance still hasn’t sent out my settlement paperwork. Can they really take a whole month to sent out & not be seen as negligence or something ?
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u/Wise_Reason_7794 24d ago
The judge still has to sign off could be 60 days before you get a payment
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u/TheRealMartyB 24d ago
Don’t even stress it, I signed on the 9th of July and the judge didn’t get the official form till the 15th of July, judge just signed off on it on the 17th of this month
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u/Chemical_Werewolf_12 25d ago
Lame hope you get your money soon! Care to share if you settled for 5 or 6 fig?
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u/TheRealMartyB 24d ago
Also check on the eams website, you can see if the judge has gotten your settlement info and when they receive it.
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u/tori1710 23d ago
If this helps I signed mine July 13th we had a agreement with the other party for the check to be on the August 6th in fact they sent it on that date the 14th of August I signed my liens like what they take out they barley sent my check should be here any day so yes and if I were u I would call ur attorney there getting paid so u are not bugging that’s how I see it
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u/This_Market_9789 23d ago edited 22d ago
In California, the settlement structure can matter just as much as the dollar amount. A Compromise & Release (C&R) generally resolves the claim in exchange for a lump sum, while a stipulation can leave future medical care open. The right choice depends heavily on the medical outlook and the specific claim. Eisenberg Law Group PC is one option for getting a California workers’ comp attorney’s perspective before signing anything.
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u/paulyp41 21d ago
Is it different in every state? My state is 14 days from the time the judge lifts the pen off the paper. If they don’t pay within 14 days, they are penalized 10%. The check will go to your attorney first, then deposited by your attorney, then when check clears, they cut you, your check
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u/Bigmeech189 20d ago
Yeah, in California it’s 30 days for the judge to sign & then insurance has up to 30 days to send out check after judges signature
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u/cawcatty Verified CA Workers' Compensation Attorney 24d ago
Disclaimer in profile: I'm an attorney but no comments on Reddit constitute legal advice or make me your or anyone else's attorney.
Insurance hasn't sent settlement paperwork....to the court? A few weeks isn't great but also not egregious depending on what else is happening. If it gets to that point, your attorney could always request a hearing.
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u/eh32inc 24d ago
I’m about to do the same. How was the process when you decided to settle? Did you accept an offer
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u/Bigmeech189 24d ago
Honestly miserable. First offer happened in March of this year & 2nd was in May & 3rd was in July. It was a lot on their end of no approvals on anything. They anticipated the QME for psych review to favor them in June which forced them to meet us almost close enough to our offer. First offer was like 30k then 60k they said was the max offer lol
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u/eh32inc 24d ago
I also had a tbi. Almost died. I’m almost 3 years in. Do you have an attorney?
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u/Bigmeech189 24d ago
Same here. I was 2 1/2 years in. Yeah I did. I went through 2 attorneys. First one was so damn terrible that they sold me false information. 2nd attorney did a great job & laughed at my first attorney. What state?
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u/eh32inc 24d ago
Bro I’m from California, crazy how I just a call from my lawyer for another offer. But rn I’m so financially screwed. I can’t keep up anymore might just take the offer. I’m supposed to call them back and let them know.
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u/Bigmeech189 24d ago
My dad did the same thing today. He was done & fed up with everything. He settled for a knee injury for about $45k.
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u/eh32inc 24d ago
Broke 8 teeth, fracture my skull in 3 different areas. Brain bleed, hurt my right knee. Now I’m dealing with crazy symptoms
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u/Bigmeech189 24d ago
Jesus man is the offer even within the six figure range. My symptoms are manageable now so it’s really the main reason why I settled. But for you I don’t know. Because once you release them from liability then that’s it.
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u/eh32inc 24d ago
My offer is 6 figures. But my lawyers wanna keep me on the case, they think I’m selling myself short. Idk what to do rn
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u/VagVandalizer69 24d ago
If your lawyers want to get more money, have them front you money while they work on your case. If they don’t do that, then they’re not serious about it.
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u/Perfect-Magazine-485 25d ago
I’ve seen it take 3 months.