You are likely facing a lot of “what ifs” if you have been injured on the job. A potentially serious work-related injury can impact multiple aspects of your life. Not only do you need to heal from the injury, but you must also navigate insurance, time off from work, and possibly disability. It is natural to feel a little overwhelmed during this time.
Workers’ compensation is a system that helps injured workers heal and move forward after a workplace accident. Though many people have a vague understanding of the workers’ comp system, few know the details. If you are facing a workers’ compensation claim and aftermath, it is essential that you know details about the compensation that you receive.
Workers’ compensation is a type of insurance that employers purchase for their businesses. If someone gets hurt while on the job, the injured individual submits a claim through their employers’ workers’ compensation policy. The policy is in place to compensate the injured worker for their medical bills, time off work, disability payments, and other related expenses.
Every employer in California with one or more employees must have workers’ compensation insurance. This helps to protect employees from being financially responsible for workplace accidents. In exchange, the worker cannot sue their employer for personal injury after a workplace accident. In this way, these policies protect employers as well.
Though some workers’ compensation claims proceed smoothly, many others do not. In some cases, insurance companies attempt to avoid responsibility for the claim by blaming the employee or encouraging the employee to waive their rights. These actions make it beneficial for the employee to hire a workers’ compensation attorney.
In some workers’ compensation situations, an employee must file for disability support while they heal from their injury. Temporary disability is available until you have reached your “maximum medical improvement” or have made as full of a recovery as is expected in your situation. Disability can last for up to 104 weeks.
As of January 1, 2023, temporary disability payments are ⅔ of a worker’s weekly pay if their average pay is between $364.30 and $2,428.72 per week. If a worker’s pay is below $364.29, their temporary disability payments will be $242.86 weekly.
If you are 100% disabled following your accident, you will likely continue to receive ⅔ of your average weekly income as your disability payments. If you are less than 100% disabled, your permanent disability payment weekly rate will be between $160 and $290.
If an employee passes away from their workplace injury, their family can receive death benefits through workers’ compensation. These benefits usually cover burial expenses and offer money to the deceased’s dependents until they turn 18.
If a family is eligible to receive ongoing benefits, the minimum weekly payment will be $244. The maximum payout will depend on the number of dependents the deceased had. Families should receive a flat rate of $10,000 for burial expenses.
Medical bill reimbursement and compensation for lost income are available through workers’ compensation insurance. However, the insurance may also cover temporary disability, permanent disability, and death benefits where necessary. The recommended way to determine the programs for which you are eligible is to hire a workers’ compensation attorney to represent you. We can help you determine what benefits you should get and how much you can expect to receive from the different payouts.
The average workers’ compensation settlement lands between $2,000 and $20,000. This is a wide range because the settlement depends upon the severity of the injury and the accident. Those who suffer from serious injuries such as brain or spinal cord injuries can expect to receive higher compensation than those who suffer from cuts, lacerations, or broken bones. Speak with one of our attorneys to better understand what you might earn from a workers’ comp case.
A good way to maximize your payout is to strengthen your case. This means filing a report with your employer as soon as you are injured. Seek medical care right away so that you have official records tying your injury to the incident. Take photos and videos of the accident scene and note any witnesses who may have seen what happened. Finally, allow your attorney to represent you in all interactions with insurance companies.
Not all, but most workplace accidents, are eligible for workers’ compensation insurance. A person may be ineligible if they:
In most other scenarios, workers’ compensation should cover all workplace injuries. This would be the case even if you were not directly performing your job duties at the time of the accident.
Most workers’ compensation attorneys charge a percentage of the payout. For workers’ compensation, a judge will assign a percentage based on the complexity of the case. You can expect to relinquish 10%, 12%, or 15% of your payout to your attorney’s fees. However, without an attorney, you risk not getting a settlement at all and falling victim to predatory insurance tactics.
Our team at Barry Law Group has nearly three decades of experience in workers’ compensation law. During our time in business, we have represented hundreds of clients in a variety of situations, giving us the confidence and experience to fight your claim. Our diligence and strong work ethic make us great candidates for your workers’ compensation case.
Do not let a workplace injury rob you of your body, time, finances, and future. Trust our team; contact Barry Law Group today.
Barry Law Group is comprised of attorneys and longtime staff members who are committed to the success of your legal matter. The firm understands that for most litigation is uncharted worrisome and often terrifying.