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Work Compensation Settlement Amount

Posted on in Workers' Compensation

What will my work compensation settlement amount be?

Inevitably, almost every injured worker will eventually ask this question…. What is my workers' compensation case worth? The question about the work compensation settlement amount may come at the initial consultation, or within a few months after hiring an attorney, or the question may come once the injured worker has completed all of their treatment. At whatever point the question is asked, the answer is typically the same…it depends. There are many factors that determine how much an injured worker is entitled to at the end of their case.

Factors that impact the settlement amount

  • The ultimate diagnosis of the injury
  • The length of treatment
  • The length of time you miss work
  • The number of surgeries you undergo
  • The amount of your wages at the time of the injury
  • If you are able to return to your normal job
  • If you are given permanent restrictions
  • Any AMA impairment ratings given by a qualified physician
  • Your age at the time of the injury

Since most of the above factors are unknown immediately after the accident, it is very difficult to provide an answer regarding the value of a potential settlement from the outset. Of course, an experienced workers' compensation attorney can provide an educated guess; however, that work compensation settlement amount can increase or decrease based on any changes during the case.

The insurance company or the attorney they hire can also have an impact on these factors. They will intentionally build up a defense in an attempt to minimize an injured worker's settlement amount. They can schedule an injured worker for a Sect.12 examination which typically minimizes the injury and the amount of any disability. They can also hire a private investigator to obtain surveillance on the injured worker in an attempt to minimize your injury or refute the complaints you are making to your own doctor.

Since so many of these factors are out of the injured worker's control, the best thing to do is focus on your treatment and let your attorney fight for you to obtain the maximum work compensation settlement amount you are entitled to at the end of your case. If you have any questions regarding your settlement amount or any other questions regarding your work injury, contact the attorneys at Woodruff Johnson & Evans.

FAQ What is my workers' compensation case worth?

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