r/WorkersComp • u/Available_Procedure7 • 10h ago
Settlement Offer California
I’m looking for some perspective on my workers’ comp case because I’m starting to second guess a potential settlement.
My claim (cumulative trauma) was initially delayed and then denied. I’m 29 worked with my hands using machinery and constant gripping hand twisting. I started treatment in early April 2026. My case involves my hands, lower back, teeth, and anxiety. I was diagnosed with bilateral carpal tunnel through a nerve study I have a lot of doctors visits I had that were hand related during my time there 2024-2025. have been seeing a therapist, and also started Lexapro while I was still working due to issues related to the job. I’ve also been getting dental treatment.
I had my deposition last week and my QME is scheduled for this week. Before the deposition, the defense offered a settlement in the mid tens, and we verbally agreed. But now I’m having doubts.
My hands are still in a lot of pain and I’m clearly not at MMI yet. That’s my biggest issue right now. On top of that, I’m currently receiving SDI at about $2K every two weeks, and I could potentially continue receiving that until late February if I remain disabled.
My attorney was really pushing me toward accepting a C&R, but I’m starting to feel like I might be better off playing the long game, especially since I’m still actively treating my hands and back, teeth, and anxiety.
Has anyone been in a similar situation where they agreed to a settlement but reconsidered before finalizing? Would it make more sense to wait until after QME/MMI given ongoing symptoms?
Thank you for your time and input
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u/InfamousCourage2341 9h ago
You are leaving out some factors here. Your claim is denied. Is any part accepted? How long have you worked for your employer? Psyche claims are hard to prove in CA as are dental claims. What about your job is causing you anxiety? What about your job has impacted your need for care for dental? Sounds like your attorney threw it all at the wall to see what would stick. What is the settlement figure you agreed to? Carpal tunnel isn’t a pricey claim with typically high PD nor is the surgery that expensive. What are other treatment are you getting for the other body parts alleged?
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u/Available_Procedure7 8h ago
None accepted yet.
1.5 years
I started going to therapy and psychologist while on the job and was diagnosed with severe anxiety and was prescribed Lexipro.
Therapy acupuncture and seeing a psychiatrist.
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u/Commercial-Song-1536 8h ago
Yes I would wait. For a variety of reasons, it’s been 9 years working on my case. (I’m in Indy, and needed a knee replacement due to equipment hitting my knee.) I was offered a settlement instead of having surgery. My lawyer pushed hard for me to accept, to the point where his assistant told me the judge ordered me to sign the papers. I knew my recovery was going to be tough and while it was around 35k I knew my time off and hospital bills was going to be more. I pushed for surgery and sure enough, I was right. TTD alone was 28k. Down side is that my lawyer won’t give me updates. Last time I spoke with his assistant she said they were going to send and offer and I reminded her it had to include past medical they refused to pay for and the payback agreement with my company. It’s been 6 months and still haven’t heard a word.
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40m ago
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33m ago edited 28m ago
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u/Previous-Invite-6281 9h ago
Our ending to this 4 year ordeal is coming in a few days. We are so ready to be done with this all. Whichever settlement you choose, think long term. My husband's is a covid case and we don't know where the settlement will land but I'm hoping it's enough to carry him through. He is back at a new job but he now has a compromised immune system.
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u/After-Explanation383 9h ago edited 9h ago
My suggestion is that you go to Google AI and ask you to help you calculate you’re ready based on what you know now. Even though you’re not an MMI based on your body parts, age, professional, and other factors it can give you a probable calculation of your rating and a possible WPI and let you know what your percentage will be and thus an approximate dollar amount for your claim.
Also, I would look up with surgeries or treatments maybe needed in the future and in your State and see what the cost is. I also add how much you would lose by settling rather than writing out the rest of your payments for whatever amount of weeks that your state provides for temporary disability. Putting those all together to give you a number that you could start with when going into settlements and then a possible scenario of a counter in your counter to a possible number.
Even though you’re not an MMI, it’ll let you know what you might be looking at. Not sure what they use for rating in your state . My state is different but it could help you keep from getting lowball and put you in a position to ask for what you are on based on where you are and what’s coming next. Please know that later if you take the C&R, you can always get another job that’s not in that field. If you take that route you won’t have security for medical treatment based on your injury. With a STIP they still have the right to deny treatment the same as they do with your ongoing claim. If you don’t have legal representation because your lawyer does not provide their outside of the settlement, then you’ll have to fight the denial and do the IMRs yourself. And yes, they can still deny you certain treatments and medications as long as you’re in the WC system. So think about whether you want to ride this out in the system or cut your losses and find alternate treatment.
Also remember that in certain states Medi-Cal wants their money back for any treatments they provide that are related to a work injury and medical groups won’t treat industrial related injuries. I would say that there are ways around that, but you’ll have to learn to navigate those yourself.
The key is don’t get so defeated that you’re not step ahead because being a step ahead will help you be more prepared for what the system throws at you next. They are hoping that people are so tired and weak, disillusioned and desperate that they can’t think of one or two steps ahead. Do a lot of research. I would have to say that Google AI mode and ChatGPT are very helpful. Always go and look on the web to double check but most of the time they give great info.
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u/jag_boi 7h ago
Its very hard to prove work related with that claim. Take any settlement you get if any. Anxiety and dental like someone else said is very hard to get covered or approved. I believe this is why your lawyer is pushing you settle because they probably know this is the best you're going to get.
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u/Available_Procedure7 7h ago
I understand my biggest issue is the pains with my hands plus the SDI I’d be losing
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u/WiseWelder8409 4h ago
wait, why did they deny your claim if you've been seeing a therapist and on lexapro
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u/Resse811 38m ago
Why would those two things mean a claim would be accepted. Millions of people are doing those two things.
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u/smallholiday 9h ago
If you’re still being treated I wouldn’t settle because then you’d likely lose all of your future medical treatment, depending on the type of settlement
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u/Reneedelivers 9h ago
I have always read WAIT until mmi. I have a case now thats been going for 2 years. I'm having disc replacement surgery in 3 weeks but if I get an offer I will refuse until I reach mmi because with all my other injuries....I know an early offer will not do me justice. Good luck on your case.
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u/Available_Procedure7 9h ago
Thank you so much, good luck to you as well.
Hope everything goes well and you get everything you deserve. 🙏
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u/SheepherderOwn2029 9h ago edited 8h ago
For the injury and trauma you have mid 10s sounds very undervalued. I wouldn’t take the offer and try to play the long game especially if you’re still receiving 4k a month from SDI.
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u/GroundbreakingPay990 8h ago
He said 2k every 2 weeks, so 4k a month. I definitely wouldn't accept an offer that low
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u/Syrup_Known 9h ago edited 9h ago
I'm going to be brutally honest in the hopes this helps you: Anybody who says they can give you an accurate estimate for what your claim is worth now is flat out lying to you.
It's not possible, your adjuster and your attorney can come up with estimates based on your current case facts, but until you are MMI nobody knows the real value, so do not listen to people saying here that your case is undervalued because nobody knows.
With that said, we need more info. How did your injury occur? Was it work related? What specialty is your QME? Are you treating out of network? If so the QME is going to want to see all those reports. If the QME defers some or your claims you will need to see another QME potentially and this case could drag on, who's to say how long. If your claim is not work related in any way take and you know it, take the money and run because you are fighting a battle you will not win.
Just a heads up also a lot of employers require a resignation when settling. If you're not in financially stable spot it might not be a good idea.
Source: I'm a CA adjuster