How Much is My Workers’ Compensation Case Worth?
Every case is different. There are three main parts to a worker’s compensation case. First, you should get medical care for your work-related injury. Second, you should get paid for your time that you are written out of work by the authorized treating physician. Finally, once you have reached maximum medical improvement, your employer should pay you for any permanent disability that resulted from the work-related injury.
The value of your claim depends on many different factors. The first factor is the amount of your weekly compensation rate. Your weekly compensation rate is determined by taking your average weekly wage and dividing that amount by .6667. (Don’t forget any other jobs you are working at the same time.) This is the amount you should be getting paid weekly by your employer’s insurance carrier while you are written out of work by the authorized treating physician.
Once you have reached maximum medical improvement, as determined by the authorized treating physician, you will be assigned a permanent impairment rating. This rating, along with your permanent work restrictions and level of recovery from your injuries is used to determine the amount of your disability. Each part of your body has a different value assigned to it by statute. The percentage of disability you have is then taken as a percentage of the value of that body part. For example, if you have a 10% disability rating to your shoulder- the shoulder is worth 300 weeks of pay. 10% of 300 weeks is 30 weeks multiplied by your compensation rate. But remember, your permanent impairment rating given by the doctor is NOT the same as your percentage of disability.
Sometimes, employers will not tell an injured worker that they are entitled to this final disability payment. The employee thinks that the employer paid for their medical care and their time out of work, so that must be the end of the claim. In some minor cases this is true, but in the majority of cases the employee is entitled to more money. Sometimes, much more money. If the employee does not know their rights, the employer will just sit quietly until the statute of limitations has passed. If the statute of limitations has passed, the employer never has to pay out the money that the employee was legally entitled to for their permanent disability.
Each workers’ compensation case is different and the value depends on a variety of factors. We strongly suggest you consult an attorney. If you have questions about your workers’ compensation claim or any other questions about your legal rights, please contact Venus Poe today at 864-963-0310 or click here to fill out an online case evaluation form. We have offices in Greenville, South Carolina and Fountain Inn, South Carolina to better serve you. There is no obligation or charge for our initial consultation to see if we can help you with your workers’ compensation claim.
The information you obtain in this article is not, nor is it intended to be, legal advice.You should not read this article to propose specific action or address specific circumstances, but only to give you a sense of general principles of law. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction in which you may have a case.