Workers’ compensation is the damages given to a worker who meets an accident at the workplace due to slip and fall, machinery accidents, or caught-in-between accidents. As a worker, you may face questions like how much should I expect from a workers comp settlement, if you have met a workplace accident. Seeking clarity on workers’ comp settlement amounts? Discover the average settlement amount and what factors influence these figures. Our experienced workers’ compensation lawyers at Royce Injury are here to help!
How Do They Calculate Workers Comp Settlement?
What’s the average workers comp settlement depends on the nature and severity of the injury, circumstances of the accident, and other relevant factors. Primarily, the compensation amount is calculated after a medical examination of the injuries and the doctor’s report on the severity of the injury as well as its implications on job performance. Different types of injuries are observed in workers and each varies from the other in degree of severity and implication on job performance.
Categories of Workplace Accidents
Three major categories of workplace accidents are slip and fall, accidents with machinery, and caught-in-between accidents. The injuries that are sustained in such accidents are:
- Soft Tissue Injuries: Soft tissue injuries include muscle strain or sprains etc. They are the least severe workplace injuries. The workers comp settlement for these types of injuries is calculated by medical bills and wage coverage during the recovery period.
- Complex Injuries: Complex injuries include bone fractures, muscle damage, internal bleeding, limb damage, etc. Such injuries have a potentially long-term effect on job performance and require advanced medical treatment, thus, the medical expenses are high in complex injuries workers’ compensation cases.
- Severe Injuries: Severe injuries include Traumatic Brain Injuries (TBIs) or damage to the spinal cord. These injuries may result in permanent disability, or in some cases, they can be fatal. Therefore, a very careful consideration is employed about how workers comp settlement is calculated in severe injury cases.
Factors Impacting Workers’ Compensation Settlements
There are five main factors that are considered while calculating a workplace injury compensation case.
- Injury Severity: The first factor is the degree of severity of injuries in an accident. As discussed earlier, the severity of the injury is a crucial first factor that will determine how much is the average workers comp settlement in that particular case.
- Pain and Suffering: The second factor is how much the injury has affected the worker. The elements of agony and suffering, both physical and mental, are factored in while determining compensation.
- Medical Expenses (current and future): Injuries at the workplace have both present as well as future implications regarding medical expenses. If the injury has complications that can potentially resurface in the future, it is logical to spare expenses for it in compensation.
- Lost Wages: Workplace injuries also have current and future implications on job performance and the earning capacity of the worker. So they are compensated for lost wages in case of temporary disability and recovery time, as well as a substantial amount if the injury resulted in permanent disability.
- Fault & Negligence: Employer’s negligence to provide a safe workplace and failure to incorporate prescribed safety measures is also factored in while calculating the amount of compensation. However, it is important to note what is average workers comp settlement will vary for each case after analyzing all of these factors discussed above.
What is the Average Settlement for Workers Comp?
According to the numeric table presented in the Missouri Division of Workers’ Compensation, you can calculate how many benefit weeks you can get under Missouri law for your workplace injury. You can calculate it based on your injury type and disability type.
How is workers comp settlement calculated: The formula used for calculating compensation in Missouri for workplace injuries is that the Compensation rate is multiplied by level and percentage of disability. The total amount that you will get will be the compensation calculation.
- Average Workers’ Comp Payouts for Workers Who Can Return to Work: The weekly payout rate for return-to-work employees can range up to $1160. The compensation for employees who can return to work is reduced.
- Average Workers Comp Settlement Amounts for Permanent Partial Disability: The weekly payout rate for permanent partial disability is $607.71.
- Average Workers’ Comp Settlements for Total Permanent Disability: The weekly payout rate for total permanent disability is $1160.34
- Average Compensation Settlements For Deaths: The family of the deceased worker is entitled to 2/3rd of the average weekly pay, along with up to $5,000 as funeral expenses.
How to Maximize Your Workers’ Compensation Payment
If you’re wondering what is the highest workers comp settlement in the US, you’d be surprised to note that such claims can range between $2000 to as high as $40,000. Therefore, workers’ compensation claims are important cases, and the chances should be maximized by making sure that you have:
- Report the injury to your employer promptly.
- Sought medical attention immediately and furnished all the necessary medical reports and diagnoses from the doctor.
- Familiarize yourself with the local worker’s comp laws and regulations.
- Consulted the injury lawyer to understand how you should proceed with your claim. They will tell you what does a workers comp settlement includes as benefits and what you can claim under your state laws.
- Have remained vigilant in your communications following the submission of your claim. Do not wait for the company to give you an update on the status of your case, rather, actively pursue follow-ups to check you have provided all the necessary documents they need to speed up the process.
In a nutshell, how are workers’ compensation settlements calculated ultimately depends on the five basic factors discussed above. If you have suffered a workplace accident due to the negligence of your employer, book a free consultation with our workers’ comp lawyers today to understand your rights and secure the workers’ compensation benefits you deserve!
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