On this page
The short answer
Five things come out between the settlement figure and the check, and every one of them is knowable before you sign.
You are entitled to see that arithmetic in writing. If nobody showed it to you, that is the problem — not the deductions themselves.
The five
1 — Permanent disability already advanced. If the carrier paid permanent disability while the case was pending, that comes off the total as a credit. It is not a deduction; you already received it. This is the largest single surprise and it is almost always legitimate.
2 — Attorney's fee. Approved by the judge, and in California workers' compensation it is typically 9% to 15% — commonly 15% in a contested case. Labor Code § 4906 requires judicial approval; the lawyer does not set it unilaterally. What a lawyer costs.
3 — Liens. Medical treatment liens, EDD reimbursement for State Disability you received, Medi-Cal, and in some cases child support arrears. Under § 4903 these are resolved as part of the case. Many are negotiated down substantially, and many are barred outright for late filing. How liens work.
4 — A Medicare Set-Aside. If one applies, that amount is carved out — it is still your money, restricted to injury-related treatment. When this applies.
5 — Medical-legal costs. QME and AME report fees, deposition costs, interpreter fees. Usually the carrier's responsibility, but check where they landed.
Ask for it before you sign
"Show me the net." A one-page breakdown: gross settlement, less advances, less fee, less each lien by name, less any set-aside, equals what arrives.
A lawyer who will not produce that page is telling you something. So is a settlement conference where nobody mentions the advances until afterward.
What is not deducted
Taxes. Workers' compensation benefits are not taxable income under IRC § 104(a)(1). Nothing is withheld, and you do not report it. Taxes.
When the number itself was wrong
Separate from the deductions — sometimes the settlement figure was low to begin with.
A permanent disability rating you never checked. The occupational group on your rating string is assigned by actual duties, not job title, and correcting it moves the number. Decode your rating string.
A life pension nobody mentioned. At 70% and above there is a weekly payment for life, escalating annually, in addition to the permanent disability award. It is routinely left out of settlement discussions and is frequently worth more over a lifetime than the award itself. Check whether you're owed one.
A voucher and a supplement. The $6,000 job displacement voucher and the separate $5,000 return-to-work supplement are additional, not included. The voucher. · The $5,000.
A third-party case. If someone other than your employer contributed to the injury — a contractor, a driver, a property owner, an equipment manufacturer — that is a separate case, it pays pain and suffering, and it is not capped the way comp is. When one exists.
If it is already signed
An approved settlement is hard but not always impossible to undo. There is a 20-day window to petition for reconsideration of the approving order, and the Appeals Board retains jurisdiction under §§ 5803 and 5804 in defined circumstances. Both of those are time-sensitive. If you've already settled.
General information about California law, not legal advice about your case.
Impairment values described are from the AMA Guides, 5th Edition as applied under the California rating schedule; the Guides are a copyrighted medical text and figures here are summarized rather than reproduced. Your rating depends on your own examination findings.
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