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If you’ve been hurt on the job, the first priority is to restore your health. Depending on the type and severity of the injury, this can take months to determine and even longer to resolve. After all, healing from a severe workplace injury takes time. Once a course of action has been started however, the next most common question is how much a workers’ comp claim is worth.
This is a critical question that directly impacts the injured person’s ability to recover and sustain their family throughout the recovery process. How do we determine how much a claim is worth?
There are many factors to consider in making this determination, but this is largely dependent upon the type and severity of the injury. There are many variables to consider, starting with permitted medical benefits. This includes medical care, rehabilitative services, prescriptions, medical supplies and potentially modifications to a home or vehicle. Depending on the type of injury and details of the situation, there might also be disability benefits to consider. These can be temporary, permanent, partial or total disability benefits. For this reason, it takes an experienced legal professional to truly determine how much your case is worth and help to resolve it in the most beneficial ways. Benefit calculation methods Workers’ comp payments are calculated based on several factors, starting with your regular rate of pay.
The law allows for various calculation methods based on this information in order to create a fair compensation rate, but when you deal directly with the insurance company they will not disclose which method would provide you with the maximum compensation. This is one reason why an experienced workers’ comp attorney is so important in these cases.
A few factors that are rolled into the equation include your average weekly wage based upon your income during the thirteen weeks prior to the injury. The compensation rate may fall at two-thirds of your average weekly wage. This is a general number, however, as other factors may be considered. When it comes to disability, there are additional calculations to be made based on a number of factors.
In terms of temporary total disability, these are paid after an injury prevents you from working for three or more days. When you return to work or are considered recovered according to standards set by the law, these payments stop.
Permanent partial disability payments are based on the “value” assigned to the affected body parts as outlined by Missouri law. This requires the opinion of medical experts to determine the percent of disability you have suffered. Since medical experts can disagree, it’s important to have a skilled attorney on your side to represent your claim.
Without representation, chances are high that you’ll send up with less than satisfactory results to your workers’ comp case. If you or someone you know has been injured on the job, contact us for a free, no obligation consultation.