There's no easy answer for this question. Every workers' compensation claim is different. Claim values vary by factors like the the position of the worker, a worker's salary, the type of accident, and more.
In short, there is no one answer. However, this isn't to say that a qualified and experienced attorney can't at least formulate a projection as to what sort of payout you may be eligible for when you decide to sue for worker's compensation.
What sort of information will you have to provide in such a scenario? How can you calculate anticipated value for your case? What are you likely to walk away with when all is said and done? Here are a few things you'll need to know to figure out what your worker's compensation case might be worth.
In order to determine if you have a case and how much money your case might be worth, your attorney is going to need you to provide information. You should come to a meeting with your attorney prepared to answer questions about your job, your income, your age, your medical history, the extent of your injuries, and any paid or unpaid claims you have already filed.
You should also bring copies of pay stubs, medical records, and other pertinent paperwork for your attorney to get started. He/she will inform you of anything else you need to provide in order to move forward with your case and calculate the possible amount of worker's compensation (and other payment) you're eligible for.
Calculating Potential Benefits
Worker's compensation benefits are for a specific purpose - covering medical bills related to on-the-job accident, injury, or illness, and in some cases disability payments for lost wages (at a portion of your normal salary), and compensation for any permanent disability the worker may have suffered. This compensation may be short-term or long-term, depending on the specific circumstances of the claim.
The reason calculating potential benefits and the resultant value of your case is so difficult is because it may be based on several factors, including any impairment ratings or restrictions your doctor may have imposed, your need for future medical treatment, the severity of the injury and any ongoing loss of income a worker may have.
Settling versus Going to Court
The ultimate value of any worker's compensation case could depend on whether or not you settle versus taking the case to a hearing. In many cases, your employer and their insurance company will try to negotiate to reach a settlement so all parties can avoid the uncertainty and potential delay of a hearing.
It's important to strategize with an experienced lawyer before you launch a case so that you can ensure that your rights are protected. Some settlement proposals may require that the worker give up very important rights, such as the right to re-open the injury claim or the right to future medical treatment and an attorney can help ensure that the worker is properly compensated for giving up those rights.
Looking for Legal Representation? Call BNTD Law Now!
It's important to speak with a legal representative to get the full scope of options that may be available to you in your unique situation. If you've suffered a physical, mental, or psychological injury while on the job and you're wondering what step to take next, BNTD Law is here to help. We can sit down with you to discuss the injury, when and why it occurred, and work with you to help you choose the next step for you and your family.
At BNTD, we have years of experience working with issues like Workers' Compensation, Social Security Disability, VA Disability claims, and more. Give us a call at (803) 779-7599 or contact us online at any time to request your FREE consultation.