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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33383
Experience:  Retired (mostly)
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i have a workers comp case for a back injury i had at work.

Customer Question

i have a workers comp case for a back injury i had at work. the case is settled, and i recieved an award letter from the insurance company, but the initial payment that i recieved was much less then the award letter stated. am i entitled to the difference that i didn't recieve?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
Hello, if you are receiving an amount different from that offerred by the insurer, then that would be a breach of the settlement agreement, and you can sue for damages -- or, possibly have the settlement vacated and then allow the WCB make a different award.

For a workers compensation attorney referral, see this link.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


socrateaser, Lawyer
Satisfied Customers: 33383
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
my attorney is saying that it was a "typo" on the insurance companies part, but the "initial payment" amount stated was aprox 9,800, and what i recieved was 1,900. my attorney said they were going to send me a correction, but its been 2 months and i still haven't recieved the corrected letter. Is this a likely scenario, and can i take action against them even if it was a "typo"?
Expert:  socrateaser replied 2 years ago.
If you were offerred $9,800, and you agreed to that amount, then that is the amount of the settlement, and you can enforce that amount.

Not sure why your attorney is rolling over rather than trying to enforce the amount agreed to -- maybe you never agreed to it. Ask your attorney to explain.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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