How much money should I expect from a Worker’s Compensation settlement?
The best answer to the question is to explain the factors the Compensation Board uses when it approves settlements.
First, the wage that an injured worker was making at the time of his/her accident. The more money the injured worker was making, the better settlement the injured claimant can expect.
Second, both the treating doctor and the doctor representing the insurance company have to write reports commenting on the disability for the parts of the injured worker’s body. The more each doctor believes an injured worker has permanent damage, the higher the settlement.
Third, the part or parts of his/her body that are injured. The Worker’s Compensation Law has a formula for certain body parts. If a claimant sustains a permanent injury to certain body part , the injured worker would be entitled to a certain number of weeks of compensation benefits. There are other body parts, like the back and neck that don’t have a formula per se for settlements. But there are different ways to classify a worker’s disability for injuries to those body parts.
Based on these three factors, an injured worker can assess the amount of a settlement in a Compensation case. Worker’s Compensation section 15. For permanent neck and back injuries, the Compensation Board looks at the lost wage earning capacity and the loss of earnings.
Claimants receive most settlements in a lump sum. Claimants receive settlements for the neck and back over time. The carrier and claimant can also petition to have paid over time converted to a lump sum. But the compensation Board must approve any lump sum payouts. Worker’s Compensation Law section 32.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.