Work Comp

Cost of Living Adjustments (COLA) significantly impact the value of long-term workers’ compensation benefits. We specialize in computing COLA impacts on life pension and permanent total disability cases, ensuring settlements account for inflation and statutory increases. Our analysis includes historical trends, legal parameters, and future projections based on current economic data. This helps attorneys present accurate settlement demands and avoid undervaluing benefits. The final product includes clear documentation and support materials suitable for negotiation. By integrating actuarial knowledge with workers’ compensation statutes, We provide attorneys with reliable figures that enhance settlement outcomes and protect the injured worker’s financial future.

Determining future medical costs is critical in resolving workers’ compensation claims. We provide detailed projections based on the injured worker’s condition, medical recommendations, treatment history, and inflation trends. These forecasts cover medications, therapies, surgeries, and long-term care needs. Each valuation is tailored to reflect realistic costs and utilization patterns, providing attorneys with strong support for settlement negotiations or structured settlements. Our packages are clear, defensible, and align with current medical and legal standards. With precise data, attorneys can confidently negotiate fair compensation that ensures continued care and minimizes future disputes. This approach brings both clarity and credibility to complex medical components of a claim.

A well-structured demand proposal is essential for driving effective settlement negotiations. We specialize in crafting comprehensive, persuasive proposals that clearly outline the basis for requested compensation. Each demand is supported by medical and financial analyses, including projected future medical expenses, COLA calculations, and present value estimates. This strategic presentation helps attorneys initiate negotiations from a position of strength, increasing the likelihood of a favorable outcome. Whether for informal negotiation or formal settlement conferences, our demand packages are designed to be clear, professional, and impactful—giving attorneys a solid foundation for resolving complex workers’ compensation claims efficiently.

When a workers’ compensation settlement involves a Medicare-eligible claimant, a properly structured Medicare Set-Aside (MSA) is critical to ensure compliance with federal guidelines. NSC assists attorneys and the injured party in calculating the cost of the MSA utilizing structured settlement annuities. Through funding of an MSA with annuities, as opposed to a lump sum, NSC often times is able to free up additional cash from the determined settlement amount, that can be made available to the injured party to spend outside of the MSA account. NSC is  also able to assist in the coordination of professional administration when appropriate, which further ensures the utilization of the MSA funds aligns with CMS expectations, minimizing the risk of denial or future penalties. By integrating MSA planning into the settlement process, attorneys can protect their clients’ Medicare eligibility while facilitating a smooth and timely resolution. Our expertise ensures both accuracy and compliance throughout the process.

In workers’ compensation settlements involving clients who receive Social Security Disability Insurance (SSDI), it’s crucial to minimize the offset that can reduce their monthly benefits. We assist in the preparation of the Hartman Formula in structured settlements in a methodology that is designed to preserve the claimant’s SSDI payments to the fullest extent possible. This method spreads the Indemnity component over the claimant’s life expectancy, allowing for a more favorable calculation by the Social Security Administration. We provide attorneys with calculations and documentation that can be included in settlement documents to assist in compliance and effectiveness. By using the Hartman Formula, attorneys can protect their clients’ ongoing income, avoid costly mistakes, and maximize overall recovery.

We assist attorneys in calculating fees in compliance with state and federal guidelines, ensuring transparency and fairness to all parties. When appropriate, we assist counsel in structuring some or all of their fees over time. Attorney fee structures allow for tax deferral advantages and long-term financial planning. This approach can provide attorneys with steady income over the short or long term. Attorneys can structure their fees even if their client does not. Attorney fees can be paid to individuals or to law firms. NSC works with counsel in the development of plans that are customized to meet the needs of the attorney. As with the structured settlement for the injured party, the final plan must be finalized at the time of settlement and final settlement documentation needs to include specific language.  NSC will coordinate the creation, dissemination and execution of all required documents with the parties.  With attention to both legal compliance and financial strategy, we support attorneys in maximizing their compensation efficiently and ethically.

For injured workers receiving Supplemental Security Income (SSI) or Medi-Cal/Medicaid, a lump-sum workers’ compensation settlement may jeopardize eligibility of these critical needs-based programs. We assist attorneys in preserving these benefits by coordinating the creation of Special Needs Trusts (SNTs). These trusts allow settlement funds to be used for the injured worker’s benefit without being counted as a disqualifying asset. NSC works closely with qualified trust attorneys and settlement planners to ensure compliance with federal and state regulations. By integrating SNTs into the settlement plan, attorneys can protect their clients’ long-term access to public benefits while still resolving their claims for fair value. This service adds vital protection and peace of mind to complex cases.

In workers’ compensation death cases, calculating the present value of benefits owed to dependents is a complex task—especially when potential Cost of Living Adjustments (COLAs) and lifetime benefits to eligible dependents apply. NSC provides attorneys with precise present value analyses that incorporate statutory death benefits, projected payment durations, and any applicable COLA increases. These calculations ensure the settlement or resolution fully reflects the long-term financial impact on surviving dependents. Our analysis and proposals include clear actuarial justifications and are tailored for use in negotiations, mediations, or hearings. By offering a detailed, defensible valuation, we help attorneys present strong cases and achieve fair settlements. Our work brings accuracy, transparency, and credibility to a sensitive and financially significant aspect of workers’ compensation law.