It is difficult to put a number value on the average settlement a workers’ compensation claim may generate. These settlements will vary based on the severity of your injuries, your average pay, how long you may be away from your place of employment, and other factors.
If you want to determine what kind of compensation you may receive after a workplace accident, you can collaborate with a workers’ compensation lawyer to start making those calculations.
What Workers’ Compensation Includes
As mentioned above, workers’ compensation settlements can include a variety of potential avenues for compensation, including:
Permanent Partial Disability
While workers’ compensation and disability payments are two separate means through which you can receive a settlement for your losses, your employer may still be required to provide you with compensation for a permanent partial disability. Do note, however, that if you accept compensation for a permanent partial disability, you may forgo the right to argue that you have been totally disabled later down the line.
Temporary Total Disability
In a similar vein to those injuries mentioned above, you may also be able to pursue compensation for a temporary total disability that makes it impossible for you to work for an extended period of time. In filing a claim for temporary total disability, you can fight for wages lost while taking time to recover from your injuries.
Time Lost
As mentioned above, some injuries can take you away from your place of work for an extended period of time. You can choose to pursue lost wages as part of your workers’ compensation claim, regardless of the degree of injury you have suffered.
Unpaid Medical Bills
If you found yourself unable to pay your medical bills before filing a claim for workers’ compensation, your employer may be responsible for those bills after approving your claim. However, there may be procedures you need in order to restore your quality of life after the claim is settled. With the help of a workers’ compensation lawyer, you can do your best to anticipate those costs and request that they be taken care of in your initial settlement.
Payments Not Available Through Workers’ Compensation
All of the aforementioned awards are economic in their structure. You cannot receive non-economic awards when filing for workers’ compensation. Instead, if you believe that pain and suffering or other non-economic awards apply to your case, you can work with an attorney to file a personal injury complaint against a liable party.
Note, too, that you can also apply for other forms of compensation at the same time you apply for workers’ compensation, including disability, through your state.
Settlements in Their Diversity
Provided your employer approves your claim, the average settlement for a workers’ compensation claim is secured in one of two ways. According to the Department of Labor (DOL), these include:
- Lump-Sum Settlements – you can request that your employer, based on estimates provided by a medical practitioner or other attending professionals, provide you with the means to cover your medical expenses and lost wages all at one time. This gives you the means to respond to emergencies more rapidly but is an inflexible settlement once delivered.
- Structured Settlements – alternatively, you can request that your employer provide you with a structured settlement. This method will allow you to take in money to attend to your medical needs over time, with the amount provided varying based on newly-developed needs.
It is up to you to determine which of these settlements may best suit your needs after a workplace accident. Do note that if you opt to work with a workers’ compensation lawyer, said attorney can request a percentage of your settlement to pay for their services, regardless of what kind of settlement you request. According to the American Bar Association, contingency-based firms often request one-third of the recovery, depending on the services with which they provided you.
Determining if Your Settlement Meets Your Needs
If you find yourself involved in a workplace accident and are not sure how to best submit a claim to your employer, a workers’ compensation attorney can help. Together, you can assess what settlement may have already been presented to you and negotiate for more comprehensive protection. Alternatively, you can collaborate to file your initial claim along with an estimate of what your compensation should look like.
To start building your claim or to assess the damage from a workplace accident, reach out to the team at Ben Crump Law, PLLC, at (800) 603-4224.
