How Much Is My Comp Claim Worth?
If you are hurt on the job, your employer is supposed to provide you with medical treatment and pay a portion of your wages. Sounds fair, right? Unfortunately, it is not that simple. Claims and medical treatment are constantly denied, and you might get into a battleground.
You probably want to know how much your California Workers’ Compensation claim is worth. Putting an exact value on your workers’ compensation claim can be very difficult because it involves many variables. For example, you might need future medical treatment, or you end with a permanent disability.
There are two major types of workers' compensation claims, Specific Injury and Cumulative Trauma (CT). At its simplest, the Specific Injury is one that arises from a specific incident, such as: "I fell and broke my arm." A CT claim is an injury that happens over time, like the Carpal Tunnel. The type of claim that you face is a big factor in a claim's value.
Click here for more information about the differences between a Specific and CT Case.
Once you are through getting treatment and evaluations by a doctor, you may receive a Permanent Disability (PD) Rating. This rating is then converted into a monetary amount, based on the severity of the injury, the type of work, and your age. That amount is what is paid to you for the injury itself.
Fighting the Permanent Disability rating is another battleground where we spend a great deal of our time. Once this is determined, we can properly value what the case is worth. Whether a doctor has recommended future medical treatment is another factor in the value of a claim, as is whether you want to take your payment in a lump sum with future medical treatment paid out now, or take just your PD payout and have future medical covered for life. For more information on this, see our article on ”Types of Settlements in Workers' Compensation Claims".
Normally, you cannot expect to get a PD for psychological distress secondary to a physical injury. Although, in some cases you can add a psychological claim when the original injury was caused by a violent crime or a catastrophic injury (amputation, paralysis, severe burn, or severe head injury).
Additionally, once a PD Rating has been given, if you are displaced from your job due to work restrictions (for example, the doctor says you are not allowed to stand for more than 10 minutes at a time because of the type of injury) and the employer cannot accommodate those restrictions, you can receive a vocational rehabilitation retraining voucher of up to $6000. If you qualify, you are also entitled to apply for a program in California called Return-to-Work Supplement, and this results in an additional $5000 payment that is issued by the State of California.
In California Workers’ Compensation Cases there are also up to $4800 dollars available in Total Temporary Disability for injured employees who are unable to work. To learn more, you can read the article “TTD Benefits – Receive up to $4800/month".
Being able to fight for proper treatment and understanding how medical treatment and med-legal evaluations work in the context of California Workers' Compensation claims is a big factor in being able to maximize the value of a case. That is why it is important to have a good lawyer who knows the California Workers' Compensation system.
If you have been injured at work and you would like a Free Consultation to help you value your California Workers' Compensation Claim, Click Here to schedule your free consultation or simply call 1-833-PAC-Work or 888-740-6434.
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Pacific Workers', The Lawyers for Injured Workers is Northern California's Premier Workers' Compensation Applicant firm. We represent First Responders, Health Care Workers, Construction Workers, Retail Workers, Warehouse Workers, Delivery Drivers, and the other hard-working people that keep our community moving in their Fight for Justice against the Insurance Companies.
With over 250+ Five Star Reviews, an incredible staff of caring, well-trained caring, advanced technology for superior client communication, a track record of an over 96% win rate, and giving back to our community through the Pacific Workers' Foundation, it is easy to see why Pacific Workers' is the go-to law firm for all injured workers in Northern California. Offices in Oakland, Concord, Stockton, and Sacramento.
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