What Factors Affect on Workers Compensation Claim?

What Factors Affect on Workers Compensation Claim?

After getting injured at your workplace, you become eligible to file for workers’ compensation benefits. Assuming that you did the following, you will have high chances of obtaining your benefits:

  • Reported the injury to your superiors
  • Saught medical attention
  • Hired a professional and experienced lawyer
  • Filled a claim immediately

However, even after you have done of all the required steps, that still does not guarantee that you will receive all of the benefits you are after. There are certain factors that determine the size of your settlement, as well as how and when you will receive it. Here is some useful information that will help you understand these factors better.

Total Amount That You Receive

After getting work comp benefits, you will receive either weekly or biweekly (or even monthly in rare cases) checks for your lost wages. However, the amount listed on those checks is what you should be worried about. Usually, injured individuals receive (up to) 66 percent or 2/3 of their lost wages. This means that if you were making $1,000 a week, you can get compensated for up to $666 of your lost weekly income. However, no one can guarantee that the insurance company will award you with the 66 percent of your lost wages. They will take into consideration two things to determine the amount that you will receive:

  • Your average wages
  • Corresponding rate from workers’ compensation

You should speak with Workers compensation lawyer San Diego right after the accident at work and seek their counsel and advice.

Type of Your Injury

The second factor that determines how much money you will receive from your benefits is your injury. The more severe the injury, the more money you will receive. Also, your working capacity is taken into consideration and how the injury affects it. In the majority of cases, injuries that prevent you from returning to work or returning to your previous profession are valued higher than other injuries. Keep that in mind when you file your claim.

Future Medical Treatments

All injuries that (may) require additional treatments in the future are worth much higher than those that can be treated right away. Also, if your injury requires you to have one or more surgeries in the future, you will receive greater value from your benefits.

Hiring The Right Attorney

Another very important factor in determining the value of your workers’ compensation claim is the attorney that you hire. An inexperienced attorney will lack the negotiation skills and probably will not get you the settlement that you seek, while on the other hand, a highly experienced and knowledgeable attorney will negotiate the settlement with the insurance company, and do everything in his power to ensure that you receive the highest compensation possible.

For that reason, you should be very careful when choosing your attorney. Consider Workers Compensation Attorneys in San Diego at Hiden, Rott & Oertle, LLP as they have plenty of experience in dealing with work comp claims and have helped countless individuals receive their benefits.

Other important factors worth mentioning are:

  • The credibility of your doctor
  • The judge assigned to your case
  • The status of your work comp claim
  • Your willingness to fight

Scheduling a consultation is free and can be done in person, via phone or email. Call at 619-630-0205.

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