California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Apr 2010
    Posts
    2

    Default Do You Have to Pay Workers Comp Back

    Was wondering does the workerscomp take out of your settlements the payments they made to you? Was told that they take out of your settlement what they had payed you in payments! Can someone please tell me if this is true?? I was paid in payments and have been offered a settlement of for a C&R thats is before attorneys fee's! Mind you I had lower back surgery from a job injury and still suffer on a daily basis and may need more surgerys.Did something change over the years because I remember that you never had to pay back workers comp payments out of your settlement at least that was back in 03.
    Last edited by designer043; 04-29-2010 at 05:10 PM. Reason: privacy

  2. #2
    Join Date
    Apr 2010
    Posts
    2

    Default Do You Have to Pay Workers Comp Back

    Was wondering does the workerscomp take out of your settlements the payments they made to you? Was told that they take out of your settlement what they had payed you in payments! Can someone please tell me if this is true?? .Did something change over the years because I remember that you never had to pay back workers comp payments out of your settlement at least that was back in 03.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Do You Have to Pay Workers Comp Back

    Depends.
    If you were overpaid TTD, they would take a credit against any award you may receive.
    While you are receiving PDA's, Permenant Disability Advances on the indemnity due, then take a C&R, the carrier would be entitled to a credit of those PDA's.

    Nothing has changed. You are due what you are due. Overpayments are taken as credits.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Do You Have to Pay Workers Comp Back

    If you require additional surgery for your injury, you should NOT close the medical in this claim.
    You will NOT receive sufficient funds to cover the cost of a surgery. Carries don't pay for treatment you may or may not seek post settlement.
    Atty fees are taken from the full lump sum payment, any money you would receive for FMC/future medical care would be reduced by those fees.
    The SWAG/Scientific Wild Ass Guess of the FMC value would also be subject to a reduction to "todays dollars".

    And, you cannot use your personal health coverage to pay for a surgery to a industrial injury. Your ER/IC is liable for treatment, and is until you die unless you cash out the medical.
    Mind you I had lower back surgery from a job injury and still suffer on a daily basis and may need more surgerys.
    That wouldn't affect the carriers right to take a credit for any overpayments or PDA's you have received.
    TTD is NOT taken as a credit if paid for the dates you are due.

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