Workers in California are generally aware of their right to compensation in the event they end up with a work-related injury or illness. Settling a WC claim for an amount that both sides agree on can take considerable time and effort, depending on the severity of injury, the employee’s ability to resume their job duties, and many other factors. But once a settlement is reached, you still have an important decision to make: Should I take the money as a lump sum or agree to a structured settlement?
No matter which form of payment you choose, there are benefits and downsides that you need to be aware of in order to decide which method is right for you. This article will provide you with information on lump sum versus structured settlements for workers’ compensation. We are here 24/7 to assist with any questions or concerns you have about a work injury claim, so give us a call to receive a free consultation.
Getting a Lump Sum Payment vs. a Structured Settlement
A lot of claimants initially jump at the chance to receive their settlement in a lump sum, as it’s easier to get the full amount in one check and use the money as you see fit. A lot of employers and insurance providers also prefer this option, as they can fulfill their obligation to you and close the book on your case once and for all.
However, there are claimants that see the positives of receiving smaller payments over an extended period of time, which is known as a structured settlement. With this arrangement, there is a sum of money that’s paid out immediately. Afterwards, there is a schedule of smaller payments that the worker receives for months or years. If the worker is permanently disabled to where they can no longer work in any capacity, they may receive systematic payments for their rest of their life.
Another point to consider is that you can negotiate the terms of a structured settlement on issues like:
- How many months / years the payments last
- The frequency of payments
- The amount you receive per payment
- Whether you receive a certain amount at the end as a lump sum
- If you wish you have the payments transferred to a beneficiary if you pass away before all the money is paid
Lump Sum Payment Pros and Cons
Frankly, many people are drawn to the idea of getting a one-time payment, whether they settle a lawsuit or a workers’ comp claim. With this arrangement, you receive a single check from the insurance company, which allows you to move on from the whole experience and start the process of recovering your finances.
Of course, that doesn’t mean that a lump sum work accident settlement doesn’t have disadvantages. Before we talk about that, let’s look at the pros of taking your workers’ comp payment in one lump sum:
- You have all the money upfront, which gives you the ability to reconcile your finances all at once.
- Emergencies and unexpected losses can be covered immediately, since you already have possession of the money.
- As you have a larger sum of money to work with, you can make major purchases, invest the money, start your own business, or do something else that can provide you with a financial cushion for the future.
Now that we’ve covered the advantages of lump sum settlements, let’s take a look at why this arrangement does not pay off for everyone:
- You may run out of money and not have the necessary funds to cover future medical treatments.
- A lump sum WC settlement can affect your ability to obtain Social Security Disability (SSDI).
- There is a risk of spending the money too quickly or be pressured into helping out friends and family when they find out you have a large amount of cash
Structured Settlements – What are the Pros and Cons?
If you have a larger settlement (over $150,000), staggering out your payments is the better option for the majority of claimants. In this section, we will cover the upsides and downsides of a structured settlement, so that you can make an informed choice on how to receive the funds you are owed from a workers’ compensation.
Let’s start with some of the advantages of a structured settlement, which are as follows:
- Your payments are guaranteed for a set period of time, which means you will have a reliable source of income long into the future.
- Receiving systematic payments means you will have less taxable income on a yearly basis, which creates less of a tax burden.
- You may end up using the money in a more responsible manner, as the money is divided into smaller increments over a long period of time.
- People are less likely to ask you for money when they know you are on a fixed income.
As you can see, structured payments are a great option for budgeting and planning for those curveballs that life throws your way with little to no warning. However, you also have to think about the negatives of accepting your settlement in structured payments. Cons associated with a settlement paid out over time include:
- Obviously, not having the money all at once means it will take time to pay off certain debts and make major life decisions, like moving to a new home
- If you have aspirations of starting a business or making a major purchase, this is much more difficult to do when you are receiving your settlement as structured payments.
- If the company managing your money goes under, i.e., files for bankruptcy, it’s more than likely that you won’t receive any of the remaining payments.
Advice from a California Workers’ Compensation Attorney
We completely understand if you’re still conflicted on whether to accept a lump sum payment or agree to have your settlement divided into structured payments. This is a big decision that shouldn’t be made lightly, which is why you should contact us right away for advice and guidance.
No matter what type of issue you are having with a workers’ compensation claim, there is a legal expert who can help you at California Labor Law Employment Attorneys Group. If you need us to represent you in a workplace injury claim, you won’t have to pay upfront, as we are a contingency-based law firm. Plus, we operate under the Zero Fee Guarantee, so you owe us absolutely nothing unless we secure the compensation you deserve.
Please contact us today and learn about your rights and legal options during a free case evaluation.
