After being injured at work, you may be eligible for workers’ compensation benefits! These benefits were created to ensure that injured workers would be provided financial support after suffering a work-related injury. There are many factors that go into determining the benefits owed to an individual, and benefits are determined on a case by case basis. These factors include the extent of the injury or illness sustained, the salary of the worker pre-injury, and of course, the state and federal laws regarding workers’ compensation.
The first step in the process of determining any benefits is confirming that the injury did indeed happen as a result of the injured party’s job, and then seeking an evaluation and report from a healthcare provider to determine the extent of the injury and to provide a diagnosis.
A main factor in the amount of benefits an individual may receive is their average weekly wage. An employee’s average weekly wage is calculated by multiplying their daily wage by the number of days they worked in the 52 weeks prior to their injury. Generally, workers are entitled to two-thirds of their average weekly wage.
Another factor in determining your benefits may be the medical expenses you have already incurred to treat your injury, and potential expenses in the future for rehabilitation services, doctors’ visits, prescription expenses, or any other expenses directly related to the injury sustained in your workers’ compensation claim. These expenses can even include your mileage or public transportation costs. If you’ve been injured on the job, it’s extremely important to keep track of the expenses you have had to pay out-of-pocket due to your injury.
The extent of your injury, and whether or not it has caused you to suffer permanent damage will also be taken into account when deciding your claim. If you are permanently disabled due to your injury, this, along with the fact that it may result in limiting your ability to work in the future will play a large role in the additional compensation you may receive.
If your claim is denied, or you are receiving benefits that you feel are not sufficient to cover your lost wages or expenses, don’t despair! As experienced workers’ compensation attorneys, our team is accomplished at appealing denied claims and challenging insufficient or reduced benefits.
Choose Erwin, McCane & Daly
The determination of workers’ compensation benefits involves many factors and can be a complex situation. If you have been injured at work, a workers’ compensation attorney can help you compile the facts and information needed to ensure a positive outcome in your case. Our team offers free consultations and represents our claimants for no upfront cost. When we are successful in your claim, the judge will determine what our fee should be. Visit our website to learn more or to contact our team today!
