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Stipulated Finding and Award vs. Compromise and Release

Deciding on workers’ compensation benefits that satisfy an employer and are fair to the injured employee involves hours of discussion, negotiation, and sometimes, in-trial litigation. In some cases, the insurance provider and the hurt worker reach a settlement before entering the courtroom is necessary.

If a workers’ compensation claim is solved by settlement, all parties agree on a payment amount for the occupational injury victim. There are two types of workers’ compensation settlements: Stipulated finding and award, and compromise and release.

What is Stipulated Finding and Award?

The decision to close a workers’ comp case via a stipulated finding and award settlement results in recurrent benefit payments for the injury victim. These types of settlements reflect the traditional notion of workers’ compensation: The injured employee receives compensation regularly, in an amount that is determined based on the severity of their injury, and its impact on their ability to work. Payments are intended to cover continual medical care and lost wages over time.

When an employee agrees on a stipulated finding and award settlement, they preserve the right to reopen their case, and can potentially modify their benefits or switch to a compromise and release settlement in the future.

Compromise and Release Settlements

Converse to a stipulated finding and award, a compromise and release settlement determines a lump sum payment that will be issued to the injured worker. Choosing a compromise and release payout closes a workers’ compensation case completely — the employee will receive their lump sum payment, and is therefore no longer entitled to additional benefits.

In order to receive the benefits you deserve, enlist the help of our workers’ compensation attorneys. At Smolich and Smolich, our legal team is experienced in settlement negotiation and trial proceedings — we are prepared to do what it takes to recover fair compensation for you!

Contact us online or call (916) 571-0400 to schedule a free case evaluation.