Workers' Compensation Settlements and Awards: How Much Will I Get?

One of the most important concerns for injured workers is what proportion they're going to receive through their workers’ compensation cases. To get a far better idea of what workers are currently getting for his or her workers' comp claims, we recently surveyed our readers across the state to seek out out about their experiences. Here’s what we learned.

Likely Outcome of a Workers’ Comp Case

The good news is that most workers that we surveyed received some sort of payout for their workers’ compensation claims: 73% of workers received a payout on their claims, either through a voluntary settlement with the insurance firm or through a gift by a workers’ comp judge after a hearing. Only 27% of injured workers did not receive a settlement or award.

How Much Did Workers Receive as a Settlement or Award?

The average compensation received by workers for his or her injuries was $21,800. At the acute ends of the size, 12% of workers received but $2,000, while only 8% of workers received between $60,000 and $100,000. The majority of workers, 55%, received between $2,000 and $20,000.

These amounts are according to the reputation of the workers’ comp system as providing relatively low payouts to injured workers, especially in comparison to the million-dollar settlements received in some personal injury cases. This represents a part of the compromise of the workers’ compensation system: Workers can receive payments without proving that the employer was guilty of the injury, but they're limited to the amounts available through the workers’ compensation system. It’s important to notice that the quantity a worker receives in benefits varies greatly from state to state. Some states are more generous than others when it comes to workers’ comp benefits. A worker will usually receive benefits at a way higher rate in Washington or Pennsylvania than in Alabama or Georgia, for instance.

Finally, confine mind that the readers we surveyed had come to our websites to seek out information a few claims and to seem for a lawyer. It may be that those with more severe injuries (which would naturally cause a better settlement or award) immediately retained a lawyer and thus didn't participate in our survey.

Factors That Affect How Much a Worker Might Receive

Several factors influence how much a worker might receive in workers’ compensation benefits, many of which are particular to the worker’s circumstances, such as the body part(s) injured and the severity of any permanent impairment. However, a couple of factors appeared to influence settlement and award amounts across the board.

Filing a Workers' Comp Appeal

One factor that affected the result of a workers’ comp case was how the case was resolved. Not surprisingly, workers who settled their cases without filing an appeal or requesting a workers’ comp hearing received lower compensation than those who did. Just over half of our readers did not request a hearing or file an appeal to seek more benefits. These workers received an average of $18,800.

Workers who filed an appeal with the state workers’ compensation agency or requested a hearing ahead of a workers' comp judge attended have far better outcomes. These workers received an average of $25,100. This means that workers who filed appeals or requested hearings received 34% more in benefits than those that didn’t. The results were similar no matter whether the workers actually visited a hearing or whether or not they settled before the hearing. (For more information on the appeals process, see the way to Appeal a Workers' Compensation Denial.)

Negotiating a Fair Settlement

As you'd expect, the quantity of negotiating that a worker did before settling had an outsized impact on the general settlement amount. Workers who accepted the primary settlement offer they received ended up with a mean of $10,700. In contrast, workers who engaged in negotiations received a mean of $26,300. this is often almost a 150% increase in compensation. The lesson: Ask and you shall receive.

Having a Lawyer

Injured workers who were represented by a workers' comp lawyer attended receive more in compensation than those that weren't. Nearly a third of workers (32%) did not hire a lawyer to represent them in their workers’ compensation cases. On average, these workers received $18,000 in compensation. A majority of the injured workers we surveyed (68%), on the other hand, were represented by a lawyer. The average compensation received by these workers was $23,500. In other words, workers with lawyers received nearly one-third more in benefits than workers without lawyers.

What Type of Benefits Are Included in the Settlement or Award?

In most states, the bulk of a workers’ compensation settlement or award is compensation for a permanent disability. Temporary disability payments, which compensate a worker for time missed from work during his or her recovery, are usually paid while the claim is ongoing. These payments are included during a settlement or award as long as the insurer wrongfully did not make the payments once they were due. Likewise, medical benefits are typically paid directly to the workers’ health care providers while the claim is still ongoing.
Because of this, the general amounts received by injured workers is probably going above the amounts stated above, when taking temporary disability payments under consideration. And, this suggests that even workers who didn't receive a settlement or award should have received benefits for medical bills or lost wages.

Consult With a Workers' Comp Lawyer

While surveys are helpful in determining current trends and practices, they can’t predict the precise amount you’ll receive or what an honest settlement would be for your case. The amount of compensation you’re entitled to depend on a number of factors particular to your situation, including the nature and extent of your injury, the impact your injury has had on your ability to figure, and what state you were working in at the time of your injury. Each state has its own workers’ compensation rules, especially when it involves compensation amounts. To get a thought of what you'll expect to recover in your case, ask a workers compensation audit lawyer in your area.

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