Any illness or injury that happens at work or because of working conditions is a major cause for concern.
For the person injured and unable to work, they often have enough on their minds with the process of seeking medical treatment, physical therapy, and working on getting themselves better. Adding the burden of sorting out a workers comp settlement is just the icing on the cake of an already difficult task.
Furthermore, the Internet is rife with misinformation about the worker’s compensation settlement process and all that it entails.
For these reasons and many others, it is worth hiring a qualified and competent attorney who will be able to support you through the process, provide valued legal advice, and ensure that you are fairly compensated for your worker’s compensation claim.
The Workers Compensation Settlement Process
The worker’s compensation settlement process is a relatively straightforward one.
The amount you will be offered in the settlement is usually calculated using an equation which considers the value of wages lost per year, times the number of years, and the cost of your medical treatment as well.
The figure offered is generally negotiable and should be discussed with your lawyer as well.
The Factors That Determine Your Workers Comp Claim Settlement
There are many, many factors that go into determining the value of any given workers comp settlement.
One of the main factors will be the value of your labor, meaning the amount you are paid per hour plus the benefits you receive if any, times the amount of time you miss from work or are unable to complete your job to the extent that you would usually. Therefore, it is so important to provide your lawyer with copies of your pay stubs and benefits agreements.
Another factor will be the extent to which your injury or illness should have been avoidable, and the extent to which your employer can be proven to be negligent in not preventing your injury from occurring.
For example, if there was an obvious safety violation that should never have occurred that resulted in your injury, you may receive a larger conciliatory settlement in recognition of this fact.
Why Do Some Claims Settle for More Than Others?
In addition to the elements mentioned above, the value of the settlement will also depend on the extent to which you were injured and the probable impact that this will have on your life in the short and long term.
For instance, an injury resulting in an amputation of a limb, a permanent disability, or a lifetime of chronic pain will be eligible for a far greater settlement than a short-term disability from which you can be expected to fully recover.