It is a common question to want to know what Workers Comp will pay, and how much workers comp pays after a work injury.
The goal of this article is to explain it to you directly and honestly, and quickly.
If you are covered under Workers Comp, there's three things that are supposed to get paid.
1. Your Wages: Two-thirds (2/3 or 66 2/3%) of your normal pay.
2. Medical Bills: All medical treatment realted to the work injury.
3. Settlement money at the end of the case for any permanent injury.
There is more that the Workers Compensation Act provides. But, it depends on how bad your injury is, whether you can ever return to work, whether you are permanently disabled, or whether you can go back to work to a different job, but no t the same one you worked at.
Going into those details is not the purpose of this article, so I am going to explain the above three that any injured worker is entitled to under the Act.
You already know that under Workers Comp, you are supposed to get 2/3 of your average weekly wage. Here are some details that you need to know.
First, you need a doctor's note keeping you off work. If you do not have a doctor's note, then they will dispute paying you, so always get an off-work note from the doctor every time you go to the doctor. And give it to your lawyer, too.
Second, they do not withold payroll taxes. This way, your check should be pretty close to what it normally is.
Third, when they calculate your "Average Weekly Wage" they do it based on 40 hours per week. Unless you are REQUIRED to work more hours than that. In other words, optional overtime doesn't get counted, but mandatory over does. And if you work less than 40 hours per week, the average number of hours you work get counted.
Example:
Let's say you make $20/hour. You get hurt at work.
Normally, you take home $20 x 40 hours = $800.00 per week. But they take out taxes and other deductions.
Your "TTD" or Temporary Total Disability rate would be $800 x2/3 or 66 2/3%, or $533.33. This should be about the same as your normally take home.
When people ask, "How Much Does Workers Comp Pay?" they are often worried about medical bills. Medical care is very, very expensive. Here's how it works.
All medical care related to the on-the-job injury is supposed to be covered. That means we need a doctor who will say that, for example, your neck pain was caused by the work accident. If your doctor will not say that, or he or she says, "I don't know why he has neck pain", then we have a real problem.
The need for a medical opinion like this is why I encourage injured workers to always go to a doctor who is on their side. That usually means avoiding the 'company doctor' whose loyalty to the company results in an unwillingness to support even a completely valid and legitimate workers comp case.
Medical bills are paid at a rate set by the Workers' Compensation Commission. It is an amount that doctors are usually happy to get. The important thing to remember is that you are not responsible for the bills if you have a valid Workers Comp claim. The Workers Comp insurance pays it all, and if they do not they are subject to penalties if they do not have a good reason why they did not pay a bill on time.
In most Workers Comp cases, the injured workers never has to worry about the bills. But if the case is disputed, you should let your lawyer know the bills aren't paid and the Workers Comp lawyer can address it for you.
Find Out What YOUR Case Might Be Worth...for free.
PPD stands for Permanent Partial Disability. It is the amount of settlement money you get at the end of the case. it is supposed to compensate you for the change in your body because of the work accident.
That means that if you have a bad outcome and have some permanent problems, pain, and disability, you should be entitled to more money. And if you almost fully recover, then you are still entitled to a settlement. It will just be less, because your permanent problems are fewer.
The PPD settlement is calculated by taking 60% of your average weekly rate. Then, the lawyer consults a chart that says how much a certain percentage of a body part is worth. The chart tells the lawyer how many weeks of disability the injury is worth.
Keep in mind that this award can vary greatly. Just like selling a car, the owner wants more money, and the buyer wants to pay less money. It is the same way with Workers Comp. Even though there is a chart and calculations, there is room for each side to fight and haggle. This is one of the biggest reasons why having an experienced Workers Comp lawyer is so important.
Example:
Taking the same numbers from above, let's say you make $20 per hour and work 40 hours per week.
$20 x 40 hours is $800. $800 x 60% is $480.00.
Then we compare your case to other cases and consult a chart of body parts to figure out how many weeks the injury is 'worth'. So if your injury is 'worth' 35 weeks...
35 weeks x $480 = $16,800.00. That would be a settlement amount that could go higher or lower based on the details of your case and the skill of your lawyer.
If you've been injured at work and are wondering how much workers' compensation could pay, reach out to The Law Office of Scott D. DeSalvo.
Our experienced team will assess your case, explain your options, and fight to get you the compensation you deserve. We also handle medical malpractice, car accidents, nursing home abuse, and more.
Contact us today for a free, no-obligation consultation.
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