You have the right to be compensated if a workplace accident prevents you from working.
Most employees who suffer broken bones, soft tissue injuries, burns, or other injuries can eventually return to work. Some workers suffer a permanent injury which prevents them from doing the same job they did before the accident.
There are even cases where workers can never return to work. In tragic cases, a worker dies while doing his or her job.
Therefore, the average worker’s compensation settlement differs depending on the severity of the injuries and the employee’s ability to return to work.
Insurance companies must calculate your benefits correctly. If they fail this duty, they can be ordered to pay 10% interest, pay any underpayments, and may even be ordered to pay your legal fees and a 50% penalty.
Workers, with the help of workers’ compensation lawyers, who file for a hearing and who appeal negative decisions often obtain higher workers’ compensation settlement amounts than those who accept the insurance company’s initial offer.
Workers Compensation Payment Amounts for Medical Care
Workers are generally entitled to payment for all their medical expenses.
Workers have the right to see doctors who can maximize their medical recovery. They are also guaranteed access to health professionals after their condition has stabilized so that their condition doesn’t worsen.
The average worker’s comp settlement accounts for the following costs incurred by employees when they are injured at work:
- ER care
- Hospital surgeries and treatments
- Physician visits
- Time with physical therapists and other health professionals
- Medical devices
How the Average Weekly Wage Is Calculated
Our experienced workers’ compensation lawyers work to make sure your payout for weekly wages is calculated correctly.
The precise amount can depend on how many weeks you worked. It may vary if you get paid a yearly salary, an hourly wage, or some other financial arrangement. Adjustments may be considered if you work where there are downtimes that result in lower pay.
The “average weekly wage” figure is based on your gross salary. This means there aren’t any deductions for taxes or union dues.
The salary should include the details that can add up such as:
- Incentive pay
- Profit sharing
- Room and board
- Vacation pay
- Sick pay
- Maternity pay
- Exercised stock options
We help you file the correct workers’ compensation forms, including a statement of wages, online and on paper with the Department of Labor and Industry.
Workers Comp Payouts for Workers Who Can Return to Work
Workers who can eventually return to work are considered to have a temporary disability.
During the time they are out of work, The Pennsylvania Workers’ Compensation Act authorizes payment of 2/3 of your average weekly wages during the time you can’t work.
For example, if you were earning $900 a week before the accident, your workers’ comp payout is $600 a week.
As our experienced Pennsylvania work injury lawyers can explain, some adjustments may apply. These adjustments include a cap on the maximum you can receive, depending on how much you earned.
For 2019, the Pennsylvania Department of Labor and Industry payout adjustments are capped at $1,049. Workers who earn less than this sum may be entitled to more than 2/3 depending on how much they earned.
Average Workers Comp Settlement Amounts for Worker with a Partial Permanent Disability
Some workers suffer a partial disability. This means they can work, but with some medical restrictions.
For example, you could regularly lift 50 lbs. Your doctor tells you that you now can return to “light duty,” provided you only lift objects weighing less than 20 lbs. Fortunately, your employer has light work, but it pays less than the $900 a week you were earning and only pays $600 per week.
In this situation, a worker is entitled to 2/3 of the difference ($900-$600 = $300) or 2/3 of $300 which is $200 per week. As with a total disability, the average worker’s comp settlement may be capped.
There is no minimum compensation rate for partial disability. After 104 weeks of payments, an employer can request that a physician chosen by the Pennsylvania Bureau of Workers’ Compensation assign you an “impairment rating.” If the rating is below 50%, your payout can be capped at 500 weeks.
Work Comp Settlements for Workers with a Total Permanent Disability
Workers who lose a limb are entitled to an average weekly compensation settlement based on the specific body part.
For example, a worker who has a hand amputated is entitled to 2/3 of his/her “average weekly wage” for 335 weeks. The loss of a toe results in 40 weeks of 2/3 average pay.
The length of the settlement payout for each type of disability is outlined in the Pennsylvania Workers’ Compensation Act. Workers who lose their hearing or sight or suffer a serious permanent facial or neck disfigurement are also entitled compensation for a preset number of weeks.
Workers with a partial or total permanent disability may be entitled to a lump sum settlement.
Average Compensation Settlements When Workers Die
Generally, the immediate family members of workers who die are entitled to payment for funeral costs up to $3,000. These death benefits are for spouses as well as any minor and dependent children of the deceased worker.
They are also entitled to a percentage of the average weekly wages for up to 104 weeks. The percentage increases from 51% for just a spouse to 66% (or two-thirds) if there are two or more children.
In some cases, dependent parents, children in college or a trade school, and adult children with disabilities may be entitled to death benefits.
Contact Us To Estimate Your Workers’ Comp Settlement
The work injury lawyers at Krasno, Krasno & Onwudinjo have the experience and resources to help you get a just workers’ compensation settlement based on your average weekly wage.
Our attorneys will hold insurance companies accountable if they try to underpay you and we will work with your doctor to determine the severity of your injury.
Get an initial consultation, at no cost to you, with our workers’ compensation lawyers. Call (844) 243-4808 today.