Findings and Awards

Workers who are injured in a work-related incident in California and who cannot resolve their workers' compensation settlements with their employer may be forced to have a judge hear their case. In California, there are two types of pretrial settlement in workers' compensation: Stipulated Finding and Award and a Compromise and Release.

If the judge decides the case with a Findings and Awards they have determined the settlement pre-trial and their decision is an agreed-upon judgment that the parties draft and the judge then approves.

Under the Findings and Awards both the employer and the employee agree to the number of weeks that California workers' compensation benefits will be paid to the employee and the percentage of benefits paid.

The settlement may be facilitated with a mediator or arbitrator, but it is voluntary and approved by the judge. All settlements must follow California workers' compensation laws. Payments may be made weekly for the set duration of the agreement or the claimant may agree to a one time lump-sum payout. Under the Findings and Award agreement the injured claimant has not necessarily agreed to forfeit their right to future medical care.

The Findings and Awards agreement differs from the Compromise and Release agreement where no future medical care is offered to the injured worker after the agreement is signed. Before accepting a Compromise and Release it is important to make sure your doctor says that your future medical prognosis is good.

Findings and Awards can be a good option for workers who intend to continue working for their current employer and who may need to re-open their case at a later date for future medical care. Consider, however, Findings and Awards settlements cannot be appealed and are considered the final order for a California work comp case.

Lawyers payments for a Findings and Awards

Attorney's fees on a Stipulated Findings and Awards are often "commuted" from the far end of the award. For instance, the attorney's fees can be paid immediately but are credited to the employer against the last payments they will make. Keep in mind, the work comp lawyer will generally earn 15%; this means you will receive approximately 15% less payments then you are scheduled to receive. For instance, if you are supposed to receive 85 weeks of work comp benefits, you will only receive 70 weeks of benefits because the last 15 weeks of work comp payments will have been paid to the work comp lawyer to cover their fees.