People are hurt in their workplace every day. According to the U.S. Bureau of Labor Statistics (BLS), almost three out of every hundred workers in the United States were injured on the job in 2019. These injuries have real consequences for workers, including piling medical bills and lost wages.
Many people who suffered injuries in their workplace choose to submit a workers’ compensation claim. If you’re planning on pursuing compensation, you may be wondering what the average settlement is for a workers’ compensation claim is. A lawyer from Morris Bart can help.
What the Average Workers’ Compensation Settlement Pays
How much a typical workers’ comp settlement is worth is difficult to calculate. There is no such thing as a typical on-the-job injury or workers’ compensation case. Several factors play a role, and many types of injuries and illnesses can support these claims.
Most workers get between $2,000 and $40,000 dollars for their claim. The average amount for a workers’ compensation settlement is about $20,000. Every case differs, though, and our firm has gotten impressive case results for workers, including one award of $640,000.
The factors that go into calculating a possible workers’ compensation settlement agreement include:
- Lost wages
- Current medical care costs
- Future medical expenses
- Injury severity
- Vocational training needs
- Other recoverable losses
Working with an attorney who handles cases involving workers’ compensation regularly may be the best way to get an understanding of your potential settlement.
For a free legal consultation, call 800-537-8185
What a Workers’ Compensation Settlement Means
A workers’ compensation settlement is a mutual agreement between an injured employee and the workers’ compensation insurance company. This agreement is for a specific financial payout, which is usually awarded in a single payment. However, annual payments known as structured settlements may be available.
Generally, workers’ compensation settlements include benefits for the employee’s missed wages, as well as current and future medical costs related to the injury. Each state has its own benefit schedules and limits for different types of injuries.
What Benefits Decide Your Workers’ Comp Settlement
How much a typical workers’ comp settlement is worth will depend on the employee’s benefits, including the types and the amounts they qualify to receive. Commonly, workers’ compensation benefits include:
Your wage replacement benefits will cover a portion of your normal income. You may receive temporary total disability (TTD) benefits if you cannot work at all while you are recovering from your injuries.
If you can work but in a limited capacity, you may receive supplemental earnings benefits if your current wages do not cover enough of your usual income. For permanent injuries, disability benefits may be available through workers’ compensation policies.
You should not have to pay for your diagnosis, testing or medical imaging, hospitalization, or other medical treatments related to your injuries. Workers’ compensation policies typically cover medical bills.
If you require additional rehabilitation to return to your job or training to learn a new job following your qualifying accident or illness, workers’ compensation can cover the cost.
Other Types of Workers’ Compensation Benefits
When an employee suffers catastrophic injuries or a fatality, additional benefits may be available. Family members may be able to receive death and burial benefits for those who pass away from their injury or illness.
Benefits are generally similar across the states, though the specifics can vary. Your attorney can help you understand your benefits based on your employer’s policy and the applicable laws.
Is It Worth Getting a Lawyer for a Workers’ Comp Settlement?
While workers’ compensation is meant to make it easier for you to recover from a workplace injury, it can get complicated. If your injuries have caused you to have a permanent disability, if the insurance company is trying to dispute your claim, or if your injuries aren’t clearly work-related, a personal injury lawyer can help make sure you’re getting what you deserve.
Any time you have a question or are not sure what to do about your case, it’s worth reaching out to a law firm that offers free consultations.
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How We Maximize Your Workers’ Compensation Payment
All states require that businesses provide insurance coverage for their workers, sometimes depending on the number of employees. A personal injury lawyer in your state can tell you the specific requirements for businesses. Just because you’re covered, however, doesn’t mean there aren’t ways to get more (or less) compensation for your injuries.
Often, insurance companies will try to reduce your settlement. That’s why you need to be meticulous about your claim. Our workers’ compensation attorneys have the experience needed to make your claim as airtight as possible.
Determining Who Is at Fault for Your Workplace Injury
In any personal injury case, it’s important to prove that someone else, not you, is at fault for your accident. In the case of workers’ compensation, that includes proper training, upkeep of equipment, and maintaining a safe work environment. If your employer has failed to do any of these, then you’re more likely to get compensation.
Properly Filing Your Workers’ Comp Case
There are some mistakes that workers make when they try to file a compensation claim. These include:
- Not filing by the time their state’s statute of limitations takes effect
- Failing to show proper evidence of employment
- Not getting proper documentation of their injuries from a doctor or other medical professional
A personal injury lawyer can make sure your documentation looks right and is filed properly.
Negotiating With the Insurance Company
There’s a chance that your employer’s insurance company will dispute your claim. In that case, you might want an experienced workers’ comp attorney in your corner who knows how to negotiate. If the insurance company tries to reduce your settlement or say that your claim isn’t valid, our firm can help.
Should I Settle a Workers’ Compensation Claim?
It is important to note that, while settlements are common and occur in many workers’ compensation claims, they are voluntary. You do not have to agree to a settlement, and neither does the insurer.
However, a settlement may be worth considering when you have undergone all surgeries, hospitalization, and major treatment but cannot yet return to work. A worker’s compensation attorney may be able to help you weigh your options.
Many workers’ compensation settlements are compromise settlements. These are negotiated settlements that occur when all of the following conditions are met:
- Both the injured worker and the insurer agree to a total
- A settlement is in the best interest of both parties
- It has been at least six months since the worker drew their last temporary total disability payment or both parties waive this requirement
- The parties successfully petition the judge for approval
Talk to a Workers’ Compensation Lawyer for Free
At the Morris Bart law firm, we may be able to help with your workers’ compensation benefits, including negotiating a settlement. We will seek an agreement with the following components if it is in our client’s best interest:
- Any available lost wages not yet paid
- All past and current medical care costs related to the injury or illness
- Reasonable future wage loss benefits
- An estimated total for future medical care and related expenses
- Other benefits available under the worker’s policy
Contact us for free so we can get started on your workers’ compensation claim today. We will help you move past this difficult time with the compensation you need to recover.
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