After being injured at work, you’ll likely wonder how much you can get through workers’ compensation through your employer. It’s important to know how much your case is worth so you can know if the insurance company’s offer is a good deal. Your lawyer will calculate your workers’ compensation after learning several key factors in your situation.
A lawyer is unable to give a clear estimate of the workers’ compensation you’ll receive without researching your case. That’s why you should schedule a consultation with a workers’ compensation lawyer as soon as you can to get started.
Below, we’ll go over what matters when calculating a workers’ compensation claim.
What Will My Lawyer Need to Know to Calculate My Workers’ Compensation?
Your lawyer will need to know the following information:
- The severity of your injuries
- How your injuries impact your ability to perform your job duties (and job duties for any other type of work)
- Your age
- The current and future costs of treating your injuries
- How much you were earning at your job before you became injured
Viewing all your medical records and past pay stubs is also helpful for your lawyer when calculating the workers’ compensation you can receive.
Besides the above factors, your workers compensation will also depend on how much the insurance company providing the workers comp benefits is planning to pay on your claim.
How Will My Lawyer Calculate What My Workers’ Compensation Case Is Worth?
Your lawyer will use the factors above and current workers’ compensation laws to come up with a number for your workers’ compensation. If you are unable to work for a certain period of time, Georgia has certain laws about what disabled workers are able to receive through workers’ compensation.
Your lawyer will use workers comp laws and your costs to calculate your workers compensation.
Total Disability Benefits
The amount of disability benefits you can receive through workers’ compensation depends on the state laws where you live.
In Georgia, if your work injury completely disables you from being able to work for a certain period of time, your employer should pay you a weekly amount equal to two-thirds of your average weekly wages, up to $575 per week (Georgia Code section 34-9-261). You may be able to receive this benefit up to 400 weeks, depending on the seriousness of your injuries.
Average weekly wages are typically calculated by taking your daily wage and multiplying it by the number of days you worked in a year. Then, that number is divided by 52 to get your average weekly wage.
Partial Disability Benefits
If your injuries prevent you from performing certain types of work, you may be able to return to work doing a job with lighter duties. You would still be able to receive weekly benefits at two-thirds of the difference between your average weekly wage before you were injured and the average weekly wage you earn after the injury, up to $383 per week and 350 weeks (Georgia Code section 34-9-262).
Besides weekly payments for partial or total disability, you can also receive workers compensation benefits to cover costs like:
- Medical bills
- Doctor appointments
- Hospital stays
- Prescription medications
Loss of Limb or Other Serious Injuries
If you experience loss of a limb, scarring, or loss of hearing from your work injuries, you may be eligible for other long-term benefits through workers’ compensation.
Workers’ Comp Settlement
When you file a claim for workers’ compensation, the insurance company may send you an offer detailing the weekly benefits you will receive. If you qualify to work in a different position based on what your injuries allow you to do, the offer will include those details too.
Sometimes, what the insurance company offers is not enough to cover your costs. A workers’ compensation lawyer can help you determine if this is the case in your situation. When the offer is not enough, you have the option to seek a lump sum settlement for the costs of your injuries.
To calculate your settlement, your lawyer will consider all factors like:
- Medical expenses
- Lost wages
- Specific loss injuries like permanent disfigurement or loss of limb
- Future medical costs
Since these factors can vary so much between cases, there’s no way for a lawyer to give you an accurate number without talking to you and reviewing the details of your situation. An experienced workers’ compensation will be able to tell whether or not what the insurance company offers is enough to cover your losses and if you should pursue a settlement.
Get a Free Consultation with a Workers’ Compensation Lawyer Today
If you need help determining what your workers’ compensation case is worth, call John Foy & Associates today. We have been helping injured workers get the settlement they need for over 20 years—and we can help you, too. For a FREE consultation, where we’ll go over the details of your case and discuss your options, call us at (404) 400-4000 or contact us online to get started.