One of the most common questions work injury victims ask is: “How
much is my claim worth?” Although it is difficult to determine a
figure in advance, there are some methods that can be used to predict
what factors will affect your benefits.
Types of Workers’ Compensation Benefits
The amount of workers’ compensation benefits a person receives often
depends on the severity of their injury, and how it affects their ability
to work. Workers’ compensation benefits are classified as temporary
total disability, temporary partial disability, permanent total disability,
and permanent partial disability.
Lump-Sum Settlements vs. Weekly Payments
The traditional model of receiving workers’ compensation benefits
centers on a weekly payment structure. The amount that an injury victim
receives will depend on their pre-injury wages, the severity of their
injury, and other factors.
Sometimes, an injured employee and their employer/workers’ compensation
insurance provider opt for a lump sum settlement instead of the payment
of weekly checks. In these cases, the victim will receive a one-time payment
of their total projected expenses. Employees who decide on a lump sum
settlement agreement often receive the payment on the condition that their
case cannot be reopened.
Average Weekly Wage Calculations
One equation for determining workers’ compensation benefits involves
the calculation of an “average weekly wage.” Average weekly
wage calculations depend on the injury victim’s type of employment
(e.g. full-time vs. seasonal work) and the average pay throughout the
state. Essentially, this calculation is used to determine a general figure
for the wages an employee will lose while they are unable to work.
Although there is some uniformity in workers’ compensation calculation,
benefits can be influenced by elements such as the injury victim’s
disability classification, the expected progression of their condition,
and negotiated terms with an employer and their insurance company. Each
case is unique, and a final figure is often not determined until a case
is ultimately resolved. For experienced insight into your claim, contact
the Law Offices of Wax & Wax.
To schedule a free evaluation of your workers’ compensation case,
call our team of lawyers at 818-946-0608 or
send us a message including your name, phone, and email address.