How Much Will My Workers’ Comp Settlement Be?
You got hurt at work. You had to file a workers’ compensation claim to receive your benefits. You ended up in a dispute. And it looks like you’re going to win your claim. So you’re wondering what that victory will bring.
You reach for your phone and say to it, “Ok Google, how much will my workers’ comp settlement be?”
Luckily Google brought you here, where the expert team of Work Injury Lawyers at Krasno, Krasno & Onwudinjo have assembled the definitive answer to your question.
Unless you’ve experienced a minimal injury and the insurance company is liaising with you, you should go ahead and hire a workers’ comp attorney.
How Much Do You Get for a Workers Compensation Settlement?
If you were injured on the job, you are entitled to receive workers’ compensation benefits. Here is a description of how your claim is processed.
Learn How to Make the Most of Your Claim
If you are discussing a settlement that is regarding your workers’ compensation claim, or are trying to pursue an agreement, you may be wondering how much you will receive for your arrangement. Below, we listed some preliminary situations.
Know What you are Entitled to
When receiving your settlement, it is imperative that you know not only what you are entitled to, but also what rights you are giving up as a part of agreeing to your settlement. Consider how these informal arrangements are usually handled in a workers’ compensation case.
Permanent Partial Disability
If you were hurt on the job and your injury results in you being permanently injured but not disabled, you will most likely be given a monetary reward for your permanent disability. You will most likely receive a Permanent Partial Disability reward if;
- You have new work restrictions that limit the amount of work you can do
- You had surgery under your workers’ compensation claim
- Your body will never return to its pre-injury state
Many employers will follow your workers’ compensation claim to decide the amount that you will receive for your permanent partial disability claim. It is usually equivalent or slightly less than your workers’ compensation claim. It is always important to remember that you will have to give something up for this money. In the future, you may have trouble filing for a different workers’ compensation claim because they will know of the permanent partial disability award that you were given. If a lot of money is going into this award, you should consult with a workers’ compensation attorney to make sure you are making the right decision.
Temporary Total Disability (Time Loss Compensation)
If your injury(s) that you sustained on the job has not been compensated for, for an extended period, you will likely receive time loss compensation benefits, partial or total temporary disability benefits. Sometimes your employer or the insurance company delays paying your benefits. Your employer, for you not to pursue this type of compensation, may offer you a lump-sum payment.
Unpaid Medical Bills
When you receive a workers’ compensation settlement, you are entitled to always having medical bills and treatments paid for. If your injuries were minor, they might only be paid for under your employer’s workers’ compensation claim. Your employer may offer you a lump-sum for you to not pursue your application any further.
For More Information on Workers’ Compensation …
THE OK-GOOGLE SERIES
You’ve been hurt on the job. You’re stressed. You don’t know what to do. A friend suggests you might qualify for Workers’ Compensation benefits. You reach for your phone and say: “Ok Google, what is workers’ compensation?”
TYPES OF INJURIES
Serving injured Pennsylvania workers since 1936, Krasno, Krasno & Onwudinjo has extensive experience handling claims involving all types of worker injuries.
WHO WE REPRESENT
The attorneys at Krasno, Krasno & Onwudinjo, have long provided representation for Pennsylvania workers. We began providing such representation for injured workers back in 1936.
Types of Settlement Arrangements
There are two primary types of Settlement Arrangements: structured and lump-sum settlements.
- Lump-Sum Payment- You will sign a contract that states that you are giving up your rights to ask for more money after receiving a lump-sum payment from your employer or the insurance company.
- Structured Settlement- You will receive your payment in smaller increments over time.
What to Consider When You Are Accepting an Agreement
First, always keep in mind that an agreement is a guaranteed payment. If you do not agree to the settlement, your case may go to a hearing, and the judge could be in favor of your employer’s claim. This will leave you with less than your settlement. On the contrary, you could win more than what was offered in your arrangement. An agreement is a guaranteed payment and takes the risk of litigation out.
Second, you may have to give up medical treatment for your injury in the future (If your state allows this). If you think that you will need extensive medical treatment in the future, then it may not be in your favor to settle.
Third, not every state allows settlements in every stage of a workers’ compensation claim. This will be talked about more below.
State Rules on Settlements
In some states, it is not permitted to offer a settlement at all stages of a workers’ compensation claim. If you have not been offered a settlement, do not think that your employer is not interested in your settlement. Some states, do not allow settlements due to the possibility that your workers’ compensation claim is accepted or denied.
Some states also do not allow settlements for when it comes to medical benefits. Some states enable settlements not to be paid by your employer and let your insurance carrier to pay. Other states view this as unfair to the worker and make the employer pay.
Many states require that you have a judicial review of your settlement before it happens. This is even truer when your claim is in litigation.
What is and what is not accepted in settlements is not typically included in state statutes. Oregon, for instance, does not have a law that allows arrangements regarding medical benefits. However, attorneys can and regularly do draft settlement agreements that efficiently extinguish a worker’s right to future medical benefits. An experienced workers’ compensation attorney can help you determine how to go about deciding on a settlement.
To learn more about Pennsylvania’s specific Workers’ Compensation Law contact Krasno, Krasno & Onwudinjo. We are the leading authority on workers’ compensation claims in Philadelphia.