How much should I expect from my work comp settlement? 17 Answers as of October 11, 2012My lower back was injured at work, I was recently told that I will not be able to work again. I am only 21 and have been waiting for answers for over 2 years fighting with my work comp about helping me. Now that I found out I will not be able to return to work and will miss out on doing a lot of things in my life, I am wondering how much I should expect in a settlement from my workers compensation, including a good amount of pain and suffering?
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
I feel like a broken record!! YOU DO NOT GET PAIN AND SUFFERING IN A WORKERS COMPENSATION CASE. Is that clear? You get your accident-related medical treatment paid, and if you are off work for at least 2 consecutive weeks, you are eligible for wage loss benefits of 75% of your average weekly wages.
Answer Applies to: Michigan
Law Office of Melvin Franke | Melvin Franke
Do you have an experienced workers' comp attorney? You need one. You cannot get pain and suffering in workers' comp. If you can never work again you should apply for social security disability. However, you need a lawyer experienced in both because if your workers' cop is not settled and structured, you 'll lose your social security. Beyond that, if you get social security disability, it will require the employer to establish a set aside trust to pay for future treatment unless your medical is left open in the workers' compensation case.
Answer Applies to: Missouri
Havens & Lichtenberg PLLC | Michael Lichtenberg
Considering the circumstances, the most important question is whether there is any possibility of taking your case out of workers comp, because you cannot possibly get an adequate compensation for your injury and disability. The program was designed to help the workers with relatively light injuries And you need to keep in mind that, once you accept a settlement, you will not be able to reopen the case later, no matter what consequences of the injury will surface. Do yourself a favor - discuss your case with an attorney, the sooner the better.
Answer Applies to: New York
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Your statement does not make sense the way you phrase it.you say the carrier has been giving you a hard time if it is a clear case that ought to be paid why would they do that? if there is some question about your case why would they voluntarily give you anything? If you are totally disabled as you say you would be entitled to a large sum of money based on your average weekly wages, a mathematical computation. If you have a lawyer talk to him. If you don't get one.
Answer Applies to: North Carolina
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
You do not receive pain and suffering compensation from a worker's compensation case. Worker's compensation pays for your medical and lost time from work according to the worker's compensation scale. You should contact an attorney to discuss whether you have a third party claim. In a Third party claim, that is a case against one other than your employer you would be compensated for pain and suffering.
Answer Applies to: New York
Lewis B. Kaplan | Lewis B. Kaplan
2 years of fighting with work comp is enough. If your injury is as serious as you claim there is frankly no way you are going to maximize your claim value without retaining a lawyer. Act soon to avoid a "statute of limitations defense which would bar you from making a claim.
Answer Applies to: Illinois
Bernard Huff, Attorney/Mediator | Bernard Huff
You should a least consult with if not retain a plaintiff's lawyer who handles worker's compensation cases. That lawyer should make a thorough evaluation of your case and give you a fair estimate of how much money you may be entitled to including any permanent impairment you may have sustained.
Answer Applies to: Indiana
Joel H. Schwartz, P.C. | Steven A. Schwartz
Typically, there is no "pain and suffering" claim with injuries on the job. You are only entitled to your worker's compensation claim. What you may be entitled to is dependent on a number of factors. Your average weekly wage is one, as well as whether you have permanent and total disability.
Answer Applies to: Massachusetts
Norfleet and Lafferty, LLC | Francis J. Lafferty, IV
First things first, you should consult with an experienced workers' compensation attorney immediately. They will be able to explain to you certain facets of the workers' compensation system that you will need to know as you determine IF you should even consider resolving your claim. First, there is no consideration given for pain and suffering in a workers' compensation claim, so you need to understand that if you are looking for a pain and suffering award, you should not because you will not be getting one. Second, there are multiple factors that will be used to arrive at a reasonable settlement amount should you decide to go that route; your average weekly wage, the need for future medical treatment, your ability to possibly do some work in the future, etc. will all be taken in to account by the insurance company as well as an attorney trying to maximize your settlement. Many attorneys will provide you with a free initial consultation, so do yourself a favor and contact someone immediately to make sure you are proceeding in a manner that best serves your interests in this very important matter.
Answer Applies to: Pennsylvania
David F. Stoddard | David F. Stoddard
Workers comp awards are based on you average weekly wage before the accident, and disability ratings that are based on a medical impairment rating the doctor assigns. Without this information, it is impossible to estimate a fair settlement. Pain and suffering are not elements of damage that are recoverable in workers comp claims.
Answer Applies to: South Carolina
Andrew T. Velonis, P.C. | Andrew Velonis
Worker's comp covers medical expenses and time out of work. Compensation for pain and suffering is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on your pre-accident income and the extent of your disability. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of There may be another possibility: if some party other than your employer caused the accident, you could bring an action against them. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well.
Answer Applies to: New York