As an employee in California, it’s important that you understand the protections you are afforded by the law. As an employee, you have the right to file a workers’ compensation claim in the event that you are injured or contract an illness while at work. This can include slipping and falling, burning yourself, or developing cancer after working with carcinogens. After establishing a claim, an important question to ask is, “How do I maximize my workers’ comp settlement in California?”
Maximizing Your Settlement Amount
The value of your worker’s compensation claim will vary depending on several factors. Some of these factors include:
- Injury or illness severity. The severity of the medical condition you are experiencing will heavily impact the amount you receive. In the worst cases, the condition will result in permanent impairment. Permanent impairment means that the injury you suffered results in a physical, psychological, or functional loss that is expected to last for the rest of your life. In most cases, the impairment is so severe that employees can no longer work.
- Medical care required. The extent of the medical care needed for your injury will play a large role in the value of your settlement amount. For example, if your injury requires a major surgery, like an amputation, your settlement will be much higher than a payout to cover a minor laceration. The more medical care you need, the greater the settlement amount could be. This is why it is vitally important that you seek immediate medical attention following your injury.
- Lost income. If your injury forces you to miss significant time from work and, therefore, lose income, that lost income will be factored into the settlement amount. If the doctor advises taking time away from work, it is recommended that you do so. When you file your claim, you will likely be able to recover some of these lost wages, maximizing your settlement amount.
- Attorney support. By having an experienced workers’ comp attorney on your side, you can rest assured that the full extent of your legal options will be explored. An attorney who is experienced in California workers’ compensation cases can help you ensure that you recover the full amount of compensation available to you.
Because so many factors can influence the benefits you receive, there are multiple opportunities for your employer or the workers’ comp insurer to attempt to lower the amount you are eligible to receive. Ensuring you receive the benefits you are entitled to can be an arduous process made easier by working with a knowledgeable attorney.
FAQs
Q: Which Body Part Has the Highest Value in a Workers’ Compensation Claim?
A: The body part often with the highest value in a workers’ compensation claim is an injury to the head or brain. Brain injuries are often serious and can easily lead to permanent damage. Since the severity and recovery time of the injury will play a substantial role in the value of the claim, any injury that could result in invasive surgery or little recovery is likely to receive a large payout to compensate the individual for the damages they incurred.
Q: What Is the Average Workers Comp Settlement in California?
A: The average worker’s comp settlement in California can range anywhere from a couple of thousand dollars to over a hundred thousand dollars. The settlement range is so large because of the wide variety of factors within a claim that can influence the total payout. The most influential factors are the severity of the injury and how much the person will recover. For example, injuries to the brain or spine will typically result in a higher settlement amount than broken bones. Speak with an experienced workers’ comp attorney for more details.
Q: How Much are Body Parts Worth in Workers’ Compensation in California?
A: The amount that a body part is worth in a workers’ compensation settlement in California depends on the severity of the injury, the medical treatment and costs related to the injury, and if the injury requires the employee to miss a significant amount of work. Also, if the injury leads to a temporary or permanent disability or even death, then that could lead to a higher compensation amount. Body part injuries typically result in a lower payout than head and back injuries.
Q: How Do You Calculate a Workers’ Comp Settlement in California?
A: Workers’ comp settlements in California are typically calculated by taking into account factors like the injured employee’s average weekly wage, the severity of the injury, and if the injury resulted in a disability. Injured employees can expect to receive two-thirds of their gross wages as part of a workers’ compensation claim. Each claim will be different and will contain its own unique factors that influence the total settlement amount.
Q: Can an Employer Fight Against My Workers’ Compensation Claim?
A: Yes, an employer can fight against your workers’ compensation claim. It is not uncommon for a California employer to fight against a claim of one of their employees to keep the claim off their record. Too many claims within a short period of time could lead to an increase in premiums paid by the employer. In this way, employers could be incentivized to keep workers’ compensation claims low and may take action that violates their employee’s rights.
Attorneys You Can Count On
As an injured employee, it’s important that you maximize the benefits you receive from your workers’ compensation claim. Injured employees deserve to receive full compensation for any injuries and illnesses experienced while on the job. This is especially true for employees who work in dangerous fields. The right solution for many injured workers is to consult with a qualified and experienced California workers’ compensation attorney.
At Diefer Law Group, P.C., our experienced legal team could make a significant difference in the overall benefits you receive as a result of your claim. If you are an injured employee, then you need quality legal help to support your needs. It may be difficult to successfully process a workers’ compensation claim without the help of our legal team. Contact us at one of our California offices today to see how we can support you through the claim process.
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