Most workers who suffer injuries at workplace file for compensation. The employer and insurers may accept or refuse the compensation filed by the injured worker. The key to get the compensation accepted lies in determining an appropriate value for the compensation filed.
Factors determining the compensation amount
The following factors play a major role in determining the amount of compensation an injured worker may receive:
Permanent partial disability
If the injury has resulted in a partial disability of a permanent nature, the worker is entitled to receive a monetary compensation. The following factors may qualify a worker to receive compensation against permanent partial disability:
- If the injury restricts the scope of work that can be done by the worker.
- In cases where the worker had to undergo a surgery for the treatment of the injury.
- If the chances of the body recovering completely from the injury are slim.
Most employers and insurers may make efforts to offer a lower compensation for permanent partial disability than the amount the worker may be entitled to under the workers’ compensation claim. It is hence advisable to hire an attorney for filing the claim.
Temporary total disability
In cases where the injury restricts a worker from working for a temporary phase, the worker may receive temporary disability benefits. Most employers may offer a lump sum amount as compensation to the worker for such a disability.
Unpaid medical bills
The workers compensation claim may entitle a worker to receive compensation for continual medical treatment of injuries. Many employers may offer a lump sum amount for settling unpaid medical bills of the worker.
For paying benefits to the workers, employers may use two kinds of settlement arrangements which are:
- The lump sum settlement under which the worker may receive a single amount as compensation.
- The structured settlement under which the worker may receive small amounts as compensation over a pre defined period of time.
How to decide whether to accept the settlement or not
While filing for claims, it is advisable to consider the situation where your refusal to accept the settlement may result in the case being taken by up by the workers compensation board. In this situation, the risk of the judgment being made in the employer’s favor is high. In such a scenario, the settlement can provide guaranteed benefits.
Another important aspect to consider while accepting settlement is that it may forfeit your right of receiving compensation for future medical bills relating to your injury.
A most important factor regarding settlements is that many states may restrict the employer from proposing settlements. Many states have clear laws regarding the claims that can be made to the workers. Similarly, some states may refuse to allow settlement for medical benefits. There are several other laws regarding settlements and claims. A workers compensation attorney in Sanford may help you in understanding the various laws and provide guidance regarding the claim and settlement process.
An injured worker is entitled to receive a number of benefits. An expert lawyer can ensure that an injured worker receives a fair compensation.
Author’s Bio:This article has been written by Rodolfo Ward. Most injured workers are often unaware about the process of filing for compensation. A workers compensation attorney in Sanford, from the trusted team of Wilson & Reives can offer assistance. For a free consultation visit their website.
