Should you go to Trial to get more money out of your workers' comp case?



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This video reviews whether you can get more money at Trial in workers' comp. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.

In cases in Superior Court, and often on TV, people go to trial to get more money than what you'd get at settlement. But most of the time workers' comp doesn't work that way. If there is no dispute over the QME rating, most of the time the judge can only award the PD found, which is the same as the Stipulations likely would be. Unless there is some other dispute such as which occupational code is correct, or is the report substantial evidence, then there may be no reason for trial. Workers' comp is not the type of system in which an injured worker wants $30,000 for a C&R, the adjuster offers $20,000, so it goes to trial to see what the judge orders. A judge will base his or her decision on the medical reporting, and that will be rated out using the required method.

Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.

No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.

If you have any questions, let us know at [email protected]
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