California · Workers' Compensation
Workers' Comp Settlements in California: What Happens After the QME Report
Hurt at work? Workers' comp pays for medical care and part of your lost pay while you heal. A free call tells you where you stand.
Eman Yazdchi, Esq., Certified Specialist in Workers' Compensation Law, California Board of Legal Specialization, State Bar of California.
California Board of Legal Specialization, State Bar of California
California Board of Legal Specialization, State Bar of California
- 14+
- Years of Practice
- 2,000+
- Cases handled over 14+ years
- $50M+
- Recovered over 14+ years
- 3
- Languages: English, Español, Farsi
Past results do not guarantee, warrant, or predict future cases. Each case is different and results depend on specific facts and circumstances.
Prepared by Yazdchi Law
Content updated:
Most California workers' comp cases settle after a QME or AME report. That report is turned into a permanent disability rating, and the rating drives the settlement. You then choose between two kinds of settlement, a judge approves it, and the insurer pays.
Step by step after the QME report
- Review the report. Check that it covers every injured body part and that the doctor's findings match your records. Either side can ask the doctor for a supplemental report or question the doctor in a deposition.
- Rate the report. The doctor's findings are converted into a permanent disability percentage using the state's rating schedule. For workers without a lawyer, the state's Disability Evaluation Unit rates the report (Labor Code 4061).
- Negotiate. The rating, your future medical needs and any disputes set the value of the case.
- Choose the settlement type (see the table below) and sign the settlement documents.
- Judge approval. A workers' comp judge reviews every settlement to make sure it is adequate.
- Payment. The insurer pays as the settlement requires. Late payments can carry penalties (Labor Code 5814) and interest (Labor Code 5800).
While this happens, if your doctor has found a permanent disability, permanent disability payments generally begin within 14 days after temporary disability ends (Labor Code 4650).
Stipulations vs. Compromise and Release
| Stipulations with Request for Award | Compromise and Release | |
|---|---|---|
| How you are paid | Permanent disability in payments over time | One lump sum |
| Future medical care | Stays open for the injury | Usually closed; money for future care is part of the lump sum |
| If you get worse | You can ask for more within five years of the injury (Labor Code 5410) | Generally cannot be reopened |
| Judge approval | Required | Required |
Which one is better depends on your future medical needs, your age, your job, and how strong your case is. Closing future medical is a permanent choice, so look at it carefully.
What can come out of your settlement
- Attorney fee. A judge must approve it. At Yazdchi Law, our fee request is usually 15% to 18% of the recovery, and the judge can set it lower.
- Liens. Doctors or others who were not paid may file liens. A common one is from EDD, for state disability payments you received while the insurer was disputing your claim (Labor Code 4903).
- Advances already paid. Any permanent disability paid to you in advance is credited against the total.
We go over every deduction with you before you sign.
Before you sign
- Make sure every injured body part was evaluated and rated.
- Ask what your future medical care is likely to cost before you close it.
- Do not sign while you still disagree with the report. Once a judge approves a settlement it is very hard to undo.
Results in cases like this
Every case is different. Past results do not guarantee, warrant, or predict a similar outcome.
$5,000,000
Catastrophic spinal cord injury
$1,500,000
Cervical spine injury
$425,000
Slip and fall accident
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Frequently asked questions
How long after the QME report does a case settle?
Can I settle without a lawyer?
What is the difference between a Stipulated Award and a Compromise and Release?
Can I reopen my case after I settle?
Reviewed by Eman Yazdchi, Certified Specialist in Workers' Compensation Law, The State Bar of California Board of Legal Specialization. Updated October 2026. This page is general information, not legal advice about your case.
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