Compensation. Wooden gavel and books in background. Law and justice concept.
Every seven seconds someone is injured while working at their job.
Not every one of those injuries should result in a workers comp settlement. But some definitely should.
When the employee has a legitimate case they should receive compensation from their employer to cover the damages. The process of getting a settlement can be difficult and a little confusing.
Read on to learn more about these types of cases, including the average workers comp settlement.
Keys to a Strong Workers Comp Case
All employers are required to have worker compensation insurance for every employee. This coverage isn’t dependent on any specific factor. Every employee has to be covered, regardless of hours worked, dependents, or time with the company.
But just because you are insured doesn’t mean you will get a payout if you are injured.
Sometimes the employer (and insurer) will agree quickly to some payment after an injury. More likely though, you will have to prove your case and win a settlement.
In order to do that you must present a valid case that proves the injury did, in fact, happen during work. It is also important to prove that this injury is causing enough damage that it restricts the work you can do now.
A way to build a strong case to argue for a settlement is to make sure that everything is documented. It is critical to make sure all of the right paperwork is done. And that it is done within the designated timeline.
One of the most common reasons for a denial in a claim is that the timeline isn’t followed.
After the injury you will likely have to see a doctor to get official diagnosis and treatment plans. At these visits it is important to share a full, truthful medical history. Trying to cover something up, like an old injury, could hurt your case in the end.
Workers comp settlements are very common for those who have real issues from work-related injuries. So it’s helpful to just let the facts tell the story.
Types of Workers Comp Settlement
When a workers comp claim is filed there are a few different things that can happen.
The first is that the workers comp insurance will pay for treatments after a claim is filed. This could be physical therapy, doctors visits, medications, lost wages, or even disability coverage.
Insurance companies can offer a payment sum that they think is fair. If the injured employee believes the payout should be more they can negotiate for higher.
If a settlement is reached the employee most likely will be able to choose how it is paid out. They can choose a lump-sum, where they get the full amount up-front. Or they can choose a structured settlement that spreads the total out over monthly payments.
Unfortunately, after a claim is made occasionally the employer or insurer will try to avoid payment. They will try to argue that the injury wasn’t fully because of the job or that it was pre-existing.
If this is the case, then the employee will have to argue their case (often with the help of a lawyer). This is done through an appeals process. Every insurance company has a different process.
The appeal process doesn’t always work in the employee’s favor. They may feel that going to court and having a legal battle is their next option. Though this is rare because of the fees involved in taking it all the way to court.
A workers comp case can be quick and painless or a long-drawn-out process. It all depends on the insurance company.
Average Workers Comp Settlement Amount
There are a variety of factors that go into how much an employee gets in a workers comp settlement.
Overall, the average employee gets around $20,000 for their payout. The typical range is anywhere from $2,000 to $40,000.
This may seem like a huge range in possible payout amounts. But the injuries that qualify for a workers comp settlement also have a huge range and don’t all require the same amount to cover fees and lost wages.
The majority of employees who fill out claims will get some kind of reimbursement. And there are specific ways that help employees get a bigger settlement across the board.
When an employee is offered a settlement amount they have the option to negotiate the terms and the workers comp payout amount. Typically, if the employee accepts the first offer they receive much less than if they counter for a higher amount.
Even the act of starting a negotiation can push the insurance company to increase the payout amount significantly.
When You Need a Lawyer
A lawyer is not required in all workers comp cases but is probably necessary. The entire process is very technical and can be confusing. Having a trained lawyer who understands the law and how it all works can be very helpful.
Most people haven’t gone through something like this and would really benefit from having a guide to give sound advice.
Those employees who hire lawyers to help them through a workers comp claim often get more money in their settlement than those who do not. This is largely due to the negotiation tactics a lawyer brings to the case.
Bringing a lawyer in to consult on your case can bring peace of mind in knowing the claim is being handled correctly.
Find Your Workers Comp Lawyer
There are more than a million work-related injuries that result in lost days from work every year.
Most people who have these kinds of injuries will need a workers comp settlement in order to cover their expenses. The average workers comp settlement gives these employees the opportunity to heal and recover without having major financial consequences.
It is important to make sure that a workers comp claim is handled correctly in order to receive the full payout amount.
If you are looking for a lawyer to help you through a workers comp claim, contact us today!
