Personal Injury Lawyer FAQ: How Much Is Your Workers Compensation Case Worth

If you sustained a serious injury at your place of work, you may be already looking to obtain workers’ compensation, without knowing exactly what this entails. There are slight differences in workers’ compensation laws from state to state, but basically the process is similar: you file a claim, this is reviewed for validity and, if approved, you begin collecting a monthly benefit. You may however be wondering how much this case of workers’ compensation is actually worth and will it be enough to cover medical bills and make up for lost wages?
There’s no simple answer to that. A lot of factors and details influence the amount you’ll end up getting out of your settlement. But understanding those factors could give you a sense of what to expect.

1. Severity of the injury

To begin with, benefit amounts will largely differ from one case to another, and this is largely depending on how severe an injury has been. In cases where an employee is left totally unfit for working duties, there will be a benefit calculated according to a fixed formula. If your injury limits your capacity to work without depriving you of it, the benefit will be calculated according to a rating system and you will be entitled to wage differential benefits.

2. State law

There may be some differences in the way the benefit amount is established from state to state. There is general consensus among most states that a worker rendered unfit for work is entitled to up to two-thirds of his average weekly income. In most states, however, the benefit amount is limited by a set average income.

3. Insurance company policy

In theory, workers’ compensation law is meant to provide quick and efficient compensation for medical bills and lost wages in the event of an injury sustained at work. From the insurance companies’ vantage point, it should make up for the minimum medical care and a certain amount of lost wages. Therefore, they may try to approach you and offer you a smaller settlement, thinking you’ll be desperate enough to accept it.
Be sure to consult with a personal injury lawyer before considering such an offer. A specialized lawyer can give you a clearer understanding of what your workers’ compensation case is really worth and ensure you won’t settle for less. A competent personal injury lawyer will take into consideration these and other factors (your age, education, personal injuries and your chances of physical and psychological recovery, your wages and work history) to give you a rough estimate of what you can hope for in compensation. If you enlist his help, he will assess the case as if it were going to trial, gather evidence and witnesses and may assist you in recovering more for your claim.
Bear in mind that a statute of limitations applies, so it is important to file for workers compensation as soon as you can. The longer you wait, the more likely you will be suspected of fraud when you do file a workers’ compensation claim.

How to Win a Workers’ Compensation Case in Six Steps

The concept of workers’ compensation is straightforward: If you got injured on the job, you are entitled to workers’ compensation, which is supposed to cover medical bills, damages in case of permanent disability and loss of salaries or wages. However, given the complex way the legal system works, it is not always easy to win a workers’ compensation case. Even when there is strong evidence in your favor, there is always a risk you may not get your claim. Here are some things you should do in order to boost your chances of winning a workers’ compensation case.

1. Get medical treatment without delay.

Get medical treatment right away if you sustained an injury at work or developed a work-related condition. Doing so is in the best interest of your health and may also help your workers’ compensation case, as thorough medical documentation will constitute strong evidence in your favor. Follow the doctor’s advice and prescribed treatments as strictly as possible.

2. Self-assess your case.

Self-assess the validity of your case. If your injury was caused by a work-related incident, your case is probably valid. However, make sure you gather all the necessary information concerning company policy and eligibility criteria before filing a compensation claim.

3. Follow company bureaucratic procedures.

Make sure you act according to company policies and regulations when you report your injury. Fill out all the paperwork as thoroughly as possible, without leaving anything out.

4. Seek legal help from specialized accident attorney.

This is, perhaps, the most important step if you want to boost your chances of winning a workers’ compensation case. Consult with an experienced accidents lawyer, who has the legal expertise to help you make a strong workers’ compensation case and can help you navigate the legal minefield.

Your case will be subject to statutes of limitations, so make sure you hire a specialized accident attorney within the time limits imposed by your state.

5. Understand how the process works.

The procedures and requirements for filing a workers’ compensation claim vary from state to state. If you hope to get your fair compensation, you should understand how the process works. Consult with your attorney to fully understand what your rights are, as well as each step of the claims process. If you need clarification, do not hesitate to ask questions. It is important to stay informed throughout your case and your healing process.

6. Cooperate with your lawyer every step of the way.

In some cases, the process might take longer than you would like. You may have to go through various stages, such as arbitration and appeals. Do not get discouraged. Given his/ her years of experience, your accident attorney will know what to do and will advise you on the best course of action every step of the way.

Following these six easy steps can help your chances of winning a workers’ compensation case and the fair compensation you are entitled to.