What Does My Workers’ Compensation Settlement Cover?

Workers’ compensation is a resource designed to compensate workers when they are injured at work or have developed a work-related illness. If their employer’s insurance company approves their application, eligible workers who were injured while on the job can seek compensation for their medical bills, treatment, and rehabilitation, as well as a portion of their wages while they recover from their injury. If a worker is killed due to an injury sustained at work, their family can also receive workers’ compensation benefits along with compensation for funeral and burial expenses.

If you or a loved one has been injured on the job, and you are curious about the process or what benefits you may be entitled to, Pond Lehocky can help.

What Benefits Can You Receive if You Win Your Workers’ Comp Case?

The benefits you receive from workers’ comp depend on the nature of your injuries. You should receive compensation for some or all of your medical bills if your claim is approved. However, if your injuries are serious or you have a permanent disability as a result, you could receive additional benefits as well.

Here are the full range of benefits you may receive if your claim is approved:

• Compensation for medical expenses: If approved for workers’ comp, your benefits should (at the very least) cover medical expenses related to your workplace injury or illness. This includes treatment and rehabilitation, medical equipment such as a wheelchair or crutches, and anything deemed necessary to your recovery.
• Wage replacement: If your injury or illness prevents you from returning to work for the minimum required time (typically a week or two depending on the state), you will receive a portion of your wages (usually 75% of your weekly wages) while you recover.
• Disability: If a medical professional finds that you have a disability as a result of your injury, you will likely be eligible for an additional sum apart from your medical expense compensation. Disability benefits are typically paid to workers based on their level of impairment and whether or not their disability is considered permanent or temporary.
• Death Benefits: If you are the surviving family member of a loved one killed in a workplace injury or who has passed from a work-related illness, you are likely eligible to receive workers’ compensation in your loved one’s stead. This usually also includes burial and funeral expenses.
• Other benefits: In some states, there are additional benefits you may be eligible for, such as vocational training, if you are unable to return to your previous job due to your injury. They may also cover the mileage and gas required to attend doctors’ appointments.

Can I Get a Larger Settlement if I Have to Have Surgery?

Medical procedures related to your workplace injury are covered under your workers’ comp benefits, which include surgery and any other treatment or procedures needed to treat your injury. In addition to having the cost of your surgery covered, you will likely also be eligible for wage replacement while you recover from the procedure as well as disability, if you are not able to return to the same position for a specified amount of time.

Which Is Better, a Lump-Sum Settlement or a Structured Settlement?

In most cases, workers who have been approved for workers’ comp benefits will be given the option to receive their settlement amount in a one-time lump sum or structured weekly over several months. When they see the total amount offered to them in a lump sum, many workers’ are tempted to choose this option over a weekly payment option, but it is important that you carefully examine each to see which is right for your specific circumstances. In some cases, you may have to pay higher taxes with a lump sum and you may be tempted to spend it too quickly.

On the other hand, a lump sum can be beneficial to disciplined individuals who would rather not deal with the taxing workers’ comp process month after month. If you are still not sure of which option is right for you, consider talking to a lawyer for advice.

When Should You Consider Settling in a Workers’ Comp Case?

You will typically have a limited amount of time to respond to a settlement offer from the insurance company assigned to your case. However, before settling your case, it is always best practice to consult with a workers’ compensation lawyer who can advise you on the pros and cons of settling. At first glance, the settlement amount you are offered may look appealing, but once you receive your payment, you may realize that it is not as fair as you once thought.

A workers’ compensation lawyer will be able to look at the settlement offered and determine if it is fair or not, or if there is a way to negotiate a higher amount.

What Are the Most Common Injuries that Are Awarded Workers’ Comp Settlements?

Sprains, strains, slip-and-falls, cuts and punctures, back, spinal, and head injuries are all common injuries that often lead workers to seek workers’ comp. While these types of injuries may seem most commonly associated with manual labor jobs such as construction or manufacturing, workplace injuries can happen in any field, and they often happen when least expected.

What Injuries Lead to Higher Workers’ Comp Settlements?

Generally speaking, the more serious and debilitating your injury is, the more your settlement will be. When you are injured on the job, your medical expenses are covered through workers’ comp benefits so long as they are related to your work-related injury. The higher your medical bill is, the more you will generally have in compensation to cover the cost.

If your injury leads to a disability, you will likely get an additional sum added to your benefits to compensate you for the impact that your disability has on your life. If your injury prevents you from returning to work, you could also receive a portion of your weekly wages, and possibly other benefits to help you with your recovery such as vocational services.

Talk to a Workers’ Compensation Lawyer for Help with Your Case

Many factors determine what your workers’ compensation settlement will cover and how much you could receive if you’re approved. Arguably, one of the most crucial factors is selecting the right legal counsel to advise and represent you throughout the settlement negotiation process.

Our workers’ compensation attorneys are not just effective negotiators, we’re also equipped with decades of experience and a thorough understanding of workers’ compensation laws in multiple states and jurisdictions. We can also handle all the paperwork needed to get your claim on track and even communicate with your employer and the insurance companies on your behalf. If you’re ready to get started on your claim, or if you have additional questions, contact us for a consultation.

You can also reach us at 1-800-568-5700.