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How is Workers Comp Calculated?

How is Workers Comp Calculated?

When you sustain an injury while at work that leaves you unable to return to work immediately, you are likely wondering how much money you may be eligible for in a workers’ compensation claim. When you hire a workers’ compensation lawyer to help with your claim and case, they will review your injuries and calculate the maximum compensation you may be eligible for based on Pennsylvania’s workers’ compensation laws.

Factors That Impact Workers’ Compensation Settlement Amounts

Every workers’ compensation claim that arises after an injury on the job is unique. As such, an attorney must look at the factors an insurer or the court will look at when considering the amount of money you may receive in benefit payments. In most cases, an individual who suffers an injury while working can recover the benefits of up to two-thirds of their weekly income.

This number can vary, however, based on your salary before the accident occurs. In addition, Pennsylvania has statutory maximums in place, which change yearly, affecting how much money you can receive in benefits in your claim.

Type and Permanency of Your Injuries

Injuries from workplace accidents can vary in severity. For example, your injury’s effect on your ability to get back to work and work in the future can significantly impact a workers’ compensation settlement.

Income and Your Wage Replacement Benefits

The basis for your claim of lost wages in a workers’ compensation claim is how much you make before a workplace accident occurs. However, the percentage of your wages you will receive is based on the state’s statutory rates and which range your weekly wages fall into. Determining your wages can be more complex if you have multiple jobs at the time of your injury.

Total Disability Benefits

When a worker suffers an injury that leaves them unable to work in any capacity, this may result in the payment of “temporary total disability” wage loss benefits. The length of time an injured worker can receive this type of wage loss benefits will depend upon a number of factors, which is why it is important to have the assistance of an attorney to walk the injured worker through the process.

Partial Disability Benefits

When an injured worker is unable to fulfill the duties of the pre-injury position as a result of the work injury, the worker may be entitled to “temporary partial disability” wage loss benefits. There is a specific formula as to how these benefits are calculated, and an experienced attorney can assist in this process.

Expenses for Necessary Medical Treatment

The more severe an injury, the higher the medical care and treatment costs are likely to be. Additionally, when injuries are severe, recovery can take significantly longer, and medical treatment and supportive care may carry on into the future. However, under the Pennsylvania Workers’ Compensation Act, injured workers are not responsible for paying their own expenses for medical treatment for the work injury.

Why Hiring a Lawyer is Important for Workers’ Compensation Claims

Workers’ compensation attorneys, like the ones at HGSK Law Firm, can offer guidance with their experience and knowledge of workers’ compensation laws that pertain to your claim. A lawyer representing you in a workers’ compensation claim can ensure you are making a claim for the maximum benefits for which you are eligible. With an attorney at your side, you can rest assured that the calculation of your benefits is accurate and follows the state’s laws. At HGSK Law Firm, we handle all aspects of your case and communicate with all parties on your behalf, allowing you to take the time you need to recover.

construction hat on ground with injured worker in the background

Information Needed to Calculate Your Workers’ Compensation Benefits

As you await a meeting with an attorney about your workers’ compensation claim, you can begin to gather documentation and evidence that will support your claim and prove your losses to the insurer.

Examples of evidence that may be needed to calculate workers’ compensation benefits include:

  • Medical records about your injury and treatment
  • Bills for medical care
  • Reports or witness accounts of the accident leading to your injuries
  • Records of employment which may include pay stubs and information on your work duties and responsibilities

Is There an Average Amount for Workers’ Compensation Settlements?

The short answer is “no.” Every case is unique and the amount for which a case may settle will depend on a number of circumstances. Experienced attorneys have the ability to review all aspects of the case and discuss a range of values with the injured workers, and they are well-versed in negotiating directly with the insurance companies or their legal representatives. It is highly recommended that any injured worker considering a settlement consult with an attorney first.

Talk to a Workers’ Compensation Lawyer at HGSK Law Firm

A workers’ compensation claim can be a source of stress and anxiety for workers who need the benefits to meet their living expenses after they suffer an injury on the job.

Contact our worker’s compensation lawyers at HGSK Law Firm to review your legal options and find out how they can help you with your claim.

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