Involved in a Work Injury?
Want to know what you are entitled to in Workers’ Comp?
I’d say the number one question I get in Work Injury cases is
“What Is My Case Worth?”
Unfortunately, that’s also one of the hardest questions to answer.
No one can tell you the value of your case without knowing the details of the case.
There are FOUR pieces of information that I always tell people who are looking for the value of a Workers Comp case that I need before I can tell them the ballpark value of their case.
Time Off Work
The first bit of information I need to evaluate a work injury case is time off work. In other words, how much time have you had off work already? And have you already been paid for the time you were off work? This is important to know because under workers comp your employer owes you about two thirds of your salary if you are missing work with a doctors note. This is called TTD. If there is a large amount of back pay (TTD) that is owed, then you can generally settle your case for more money.
Location And Nature of Injury
The second bit of information I need to know is: what part or parts of your body you hurt in the work injury and whether you fully recovered or whether you are still having serious problems with continued medical care. And, what kind of treatment did you get after the work injury? Was it a few visits to the doctor? Or did you have multiple surgeries? Obviously, the more medical care you had and the more serious the injuries, the more valuable your case is.
Full Duty Work Release Or Permanent Restrictions?
The third bit of information I need to know to evaluate a workers comp work injury case is whether your dr. released you to full duty work so that you could return to your old job -OR- do you have permanent work restrictions? If the injuries, you sustained at work, meaning you can never go back your old job, your case is probably worth a lot of money. But if your dr. released you to full duty and you were able to return to the same job without any problem, your case is still valuable. It is just worthless money.
Hourly Rate/Average Weekly Wage
The fourth thing I need to know is how much money you make per hour and how many hours a week do you work?That’s because unlike other types of injury cases, like car accidents, fall downs, nursing home abuse and dog bites, work injuries are governed by The Workers Compensation Act.
Under the Act, your injuries are evaluated based on a number of weeks of work. So for example, if you have an injury that workers comp says is worth 100 weeks, then obviously, how much you make per week determines how much money you get. In other words if a worker makes $100 a week and another worker makes $1000 a week and they both break their right leg they go to the hospital in the same ambulance get treated by the same doctor and have the same outcome in the same amount of time off work the guy who makes $1000 a week can be paid 10 times as much for the same injury as the guy who makes $100 a week. That’s not really fair, but that’s how it works in a work injury case. That is how the law is written. That’s really all the guidance I can give you in a short amount of time so that you can have an idea about what your case might be worth.
But the last thing I’ll tell you is that in my experience hiring a knowledgeable workers comp lawyer is the number one thing you can do to maximize the value of your case.
If you want to learn more about Workers Comp, you can click here.
"Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott. I’m sure you’ll be 200% satisfied. I was."
Cab Driver, Fall Down