Many factors can affect how long your case takes to reach a settlement. To move your case along as swiftly as possible, contact our law firm immediately at Workers' compensation pay in Pennsylvania and related benefits are based on your income, time off work, and the injury you sustained. Beyond workers' compensation checks and medical benefits, some injured workers may also seek a lump sum settlement.
Here is how workers' compensation is calculated:. If you missed work due to your injury, you may be eligible for the following payments based on your weekly income:.
Note: These amounts are based on Pennsylvania's Department of Labor and Industry's workers' compensation rate schedules. If you can return to work with a "light duty" assignment , and it pays less than your previous job, may be able to collect partial disability.
Injured workers can receive benefits to cover medical expenses related to your work injury, such as doctor appointments, surgeries, hospital expenses, tests, prescriptions, and more. If you sustained an injury at work but did not miss work, you are still eligible for these medical benefits. While there are no set workers' compensation injury values, you may also be eligible for compensation through other benefits.
Those benefits may apply to you if you suffered loss of a limb or use of a limb , hearing loss , facial scarring , and more. If you're interested in collecting a lump sum of money, you may be wondering how to calculate your workers' comp settlement.
Settlements are calculated based on a combination of lost wages, medical expenses, future medical expenses, specific loss, scarring, and more. Because factors vary so widely from case to case, it's nearly impossible to provide an average workers' comp settlement amount. However, the amount cannot exceed your weekly work comp benefits multiplied by weeks.
For that reason, if any attorney offers you a workmans' comp settlement calculator that generates a specific number, we strongly caution you against trusting it. Permanent Partial Disability You don't have to be completely disabled or unable to work at all in order to receive any permanent disability benefits through workers' comp.
Permanent Total Disability Some states have different rules for calculating benefits when employees are totally disabled as a result of their injury, or they have a PPD rating above a certain percentage. Past-Due Temporary Disability If the insurance company didn't pay you the right amount of temporary disability wage loss benefits while you were off work and recovering—or just didn't make some payments—your settlement should include the balance that the company owes you.
Medical Treatment The settlement should include any unpaid bills for past medical treatment. As for future medical costs, there are two different ways of dealing with them in settlements, depending on the law in your state: You may be able to settle your right to disability payments but keep your right to have the insurance company pay for your future medical treatment. You might instead settle on a lump-sum payment now for future medical treatment, in return for giving up your right to have the insurer pay those bills when they come up.
In some states, however, employees can't legally waive that right; they can always go back to the insurance company to get reimbursed for any medical treatment for the work-related injury or illness. Settlement Structure The actual wording of the settlement can be important to protect your right to other types of benefits in the future. Also, before you sign any settlement agreement, make sure you know the answer to these two questions: Will your workers' comp claim be completely closed following the settlement, or will it stay open or can it be reopened to pay for future medical costs?
Does the settlement amount represent all new money, or does it include permanent disability advances that you've already received? Judge's Review of the Settlement In most states, a workers' comp judge will have to review your settlement before it becomes official. Contact an Attorney to Evaluate Your Settlement Offer It's a good idea to consult with an attorney in your area who works with workers' compensation applicants to find out if the settlement offer is fair.
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General Mutual Release. See All Workers Compensation Articles. There are advantages and disadvantages to settling your workers compensation claim through a lump-sum settlement or some type of structured settlement. A workers compensation judge or hearing officer will need to approve your settlement. If your claim is disputed, a trial or workers comp hearing is time-consuming and risky. The judge or hearing officer may award you less money than the insurance company offered to settle your workers comp claim.
Note: Workers comp settlements are entirely voluntary. Talk with an attorney for free today, and find out how much money you could receive in a workers comp settlement. The formula for calculating a workers compensation settlement package involves four major factors:.
The four factors are determined by a permanent impairment rating and added together to calculate the final total of the settlement. The adjuster for the insurance company and either the injured employee or employee and his attorney negotiate a settlement. If the injured worker did not receive temporary benefits for medical expenses and lost wages prior to the settlement, those variables will be included in a final agreement. Typically, however, settlement negotiations only involve workers who were permanently disabled.
One national study by Martindale-Nolo indicates that almost three-fourths of workers receive some payout on their claims. This is a different system than personal injury, whose attorneys advertise huge judgments their clients have won. The reason is that there is no payment for pain and suffering. Short answer: It varies greatly. The Martindale-Nolo survey of readers turned up an average of It's this line of thinking that can lead to a denied claim or a lesser settlement amount, so be sure to act immediately.
Work injuries often result in some form of lasting physical disability that can prevent you from working for a certain time. There are four main categories of disability to be aware of:. If you are left with a permanent disability, your doctor will assign you a disability score based on severity. Permanently injured workers may be eligible for lifetime wages to replace wage loss from the injury.
Disabilities are eligible for weekly benefits at a set percentage of your average weekly wage. The insurance company may be more likely to settle if they are already sending you a disability check every week. To maximize the amount in your weekly checks, make sure to check your average weekly wage calculation to make sure you're being paid fairly. If you had any overtime work, side jobs, or any other deviations from your fixed wages, they may be factored in to increase the amount of money in your weekly check.
If you haven't yet applied for disability benefits, you can apply here. To set yourself up for success, it will help if you have a complete record of the details of your injury and associated medical costs. When you keep track of medical records, associated costs of your injuries, forms you've collected and filled out, and the various paperwork you've accumulated since the time of injury, you'll have documented proof of every aspect of the injury.
This documentation can be used as proof. It may be used by your workers' comp attorney to help fight for maximum compensation.
Out-of-pocket expenses are also eligible for reimbursement from the insurance company, so don't forget to keep your receipts for medical expenses, parking lot fees, medications, and gas bills for your car. Even if you're sought medical attention with your primary doctor, your employer's worker's compensation insurance company may request that you get an independent Medical Exam IME.
An IME is performed by a doctor who is working for your employer's insurance carrier. Insurance companies often request these exams because it allows them to use a doctor within their network to make a trusted medical evaluation.
There is no reason to refuse an IME, since this may lead to a termination of your benefits. If you decide to change doctors during the process, make sure to tell your worker's compensation insurance adjuster before receiving treatment from your new physician.
When meeting with your doctor, make a point to describe how your injury happened and how the injury is affecting you. Be honest, be specific, and, most of all, stick to the facts. What you tell your doctor will influence how the insurance company decides to proceed with your settlement.
If your injury caused disabling symptoms that were not present before the accident, then you must make those details clear and known so they will be documented in your medical report. The insurance company will carefully review your medical record and look for a reason to limit your compensation or deny your claim altogether.
That's why it is crucial that you be clear and specific about your injury when interacting with your medical provider.
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