What is the largest workers comp settlement in California?

Posted on April 1, 2021 in Workers' Compensation

This year, Los Angeles workers’ compensation attorney Harry Samarghachian, a partner with Rose Klein & Marias, secured a settlement of $11.3 million for his client who suffered a catastrophic traumatic brain injury. This marked California’s largest workers’ compensation settlement in history.

What Happened in the Case?

Our client worked as a nanny in Los Angeles. She joined her employers during a ski trip to Colorado to take care of their five-year-old son. On February 25, 2018, she was riding in her employer’s Kia Sportage when a bus struck the car on the driver’s side. According to the Colorado State Patrol’s final accident report, her employer ran a stop sign at Highway 82 and Smith Way and was likely using his cell phone. His car pulled out in front of a Roaring Fork Transportation Authority bus that was already driving on the road at 52 mph and would not have had enough time to react. The report did not find any external causes for the accident, such as obvious vehicle defects, or road and weather conditions. Our client was sitting in the front passenger seat, and she was found unconscious at the scene. She suffered serious injuries, including a catastrophic traumatic brain injury. 

At 29 years old, the accident left her with life-altering consequences. She is now forced to rely on a wheelchair and round-the-clock care for the rest of her life. She lost her freedom, her independence, and aspects of herself – all while on the job. And yet, initially, the insurance company denied responsibility for her claim altogether.

That’s when Mr. Samarghachian stepped in. Mr. Samarghachian, who started as an associate with our firm in 1998, brought his experience, our firm’s resources, and the experts necessary to prove the insurance company’s liability in his client’s case. He proved that her accident injuries occurred while she was working as a nanny, and therefore, she was eligible for workers’ compensation. 

The Settlement

The insurance company ultimately agreed to settle with Mr. Samarghachian for $11.3 million. This amount would cover both his client’s medical care up to this date as well as all of her future needs. The compensation would give her financial support for the rest of her life and ensure that she received the best level of care and treatment for her injuries.

Fighting for Our Clients

Our firm has recovered over five billion dollars for our clients, including a previous workers’ compensation award of $5.3 million for a construction worker who suffered severe spinal injuries resulting in paralysis. Mr. Samarghachian’s record-breaking settlement is a reminder of what is possible when you are willing to fight, and your attorney is committed to fighting with you. Our client wasn’t responsible for her injuries – she was the passenger of the vehicle being driven by her employer. She could not have done anything to prevent her accident injuries, but we believe she deserves a voice in her recovery and in her future. Our firm has served injured clients since 1936, and we will continue to fight for you and what you need and deserve.

LOS ANGELES, Feb. 25, 2021 /PRNewswire/ -- Rose, Klein & Marias partner Harry Samarghachian won a settlement of $11,300,000, the largest settlement in California Workers' Compensation history, for his client who suffered a catastrophic traumatic brain injury.

Our client, a 29-year-old woman, was working as a nanny for a family and accompanied  them on a ski vacation to Colorado to help care for their young child.  While in Colorado, our client was a passenger in her employer's car and was involved in a horrific collision in which she sustained major injuries including a catastrophic traumatic brain injury. The accident has left her confined to a wheelchair and in the need of round the clock care for the rest of her life.

Initially, the insurance company denied all liability for the claim.  Then Harry got involved in the case and everything changed.

Mr. Samarghachian has practiced Workers' Compensation law for over twenty-five years. He drew on his extensive experience and knowledge to demonstrate to the insurance company that our client's catastrophic injuries occurred while she was in the course and scope of her job as a nanny, making her eligible for Workers' Compensation benefits. 

Harry marshalled all of the experts necessary to prove to the insurance company, not only their responsibility for all of our client's past and future needs, but to do so in a manner to ensure that she will receive optimal care and financial support for the rest of her life.  The insurance company agreed to settle with Mr. Samarghachian for the sum of $11,300,000, and additionally agreed to pay for all past medical care and attention to date.

For more than 84 years, the attorneys at Rose, Klein & Marias have been devoted to personal injury, workers' compensation, and employment cases. Often, these cases overlap. Our lawyers are committed to listening to our clients' needs and using our vast experience and knowledge to achieve the best possible outcomes.

Disclaimer: Descriptions and summaries about the attorney's prior cases and settlements found are intended only to provide information about the activities and experience of our attorneys and should not be understood as a guarantee or assurance of future success in any matter. The results portrayed were dependent on a variety of facts and circumstances unique to the particular matters described, and do not reflect the entire record of the individual attorney(s) involved.  Past results are not a guarantee of future results, and the outcome of your particular case or matter cannot be predicted using a lawyer's or law firm's past results.  Every case is unique and different and should be evaluated on its own merits, without comparison to other cases which may have had different facts and circumstances.

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SOURCE Rose, Klein & Marias, LLP

How much is the average workers comp settlement in California?

The average workers' compensation settlement in California is between $2,000 and $20,000. This is a significant range, but it is difficult to pinpoint how much your case will earn without any details. Workers' compensation settlements are meant to cover any medical bills associated with the accident.

What is the maximum workers comp settlement in California?

In California, you can receive temporary disability benefits for up to 104 weeks. If you were injured in 2022, and made more than $346.43 per week, prior to your injury, you'll receive two-thirds of what you made while you were working. Anything below that, and you'll receive a set $230.95 per week.

How are WC settlements paid out in California?

A Stipulation and Award pays the injured worker for permanent disability. This must be paid at a specific dollar amount every week. A check is sent to the injured worker every other week. There is no lump sum payment.

How do I maximize my workers comp settlement California?

What Are the Main Ways I Can Maximize My Workers' Compensation Settlement?.
Let Your Employer Know You Were Injured. ... .
Get Medical Treatment as Soon as Possible. ... .
File Your Workers' Compensation Claim. ... .
Understand How Disability Ratings Work. ... .
Don't Give a Recorded Statement or Trust the Insurance Company..