How the Amount of Workers’ Compensation Insurance Benefits Are Determined

If you lose earnings due to an injury on the job, the earnings benefits that you receive from the workers’ compensation insurance company are generally based on how much you earned before the injury.

The insurance company will determine the wage benefits based upon your average weekly wage. This amount will include any bonuses or overtime monies, and if you have a second job, that money will be included in the amount. The higher your weekly wage is the higher your benefits.

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2/3 of a worker’s regular weekly income

Overall, this works out to be approximately two-thirds of your regular weekly wage income. It is very important that this figure is calculated correctly. Sometimes, the workers’ compensation insurance company miscalculates the amount. Even a few dollars can add up to hundreds of dollars over the lifetime of your claim. It may even affect your claim

Every state in the nation has a mandated workers’ compensation insurance program. Payments must be made to employees who become disabled or become injured on the job. The federal government has its own workers’ compensation program. As a result, the state programs does not cover federal workers, and just about every case, worker’s compensation covers a person who gets injured on the job.

Even if the person caused their own injury, they are still covered.  Exceptions include a person who initiates a fight, is highly intoxicated or on drugs. In these circumstances, that person with not being entitled to workers compensation. Workers’ compensation includes a number of things, such as replacement funds for lost wages, medical expenses from the injury, retraining for new job, financial compensation for permanent injuries and benefits for the surviving families if an employee is killed on the job.

Categories of disability

There are different categories of a disability when one is injured on the job. When may have a temporary partial disability, a permanent partial disability, a temporary total disability or a permanent total disability. Some injured workers may never be able to return to work. Others may have to return to a reduced duty position. Keep in mind that there are times and injured party is given an award or a settlement for their injury.

You can calculate your own weekly wages. Just use your wages for the past 52 weeks prior to your injury. If you don’t have your pay stubs, just check with the company payroll department.

Sometimes there are problems

Sometimes, a workers’ compensation claim runs smoothly without a hitch. However, there are times when there might be problems with it. Problems can result from a number of causes. Your employer may deny your workers’ compensation case altogether. Your employer may miscalculate your weekly wage and underpay you.

The workers’ compensation insurance company may have their own doctor who was in dispute with your treating physician.  They may even deny payment for some different types of medical treatment. There also may be at a time when the amount of the settlement award is in dispute. If you have any issue with your workers compensation claim, it is wise to contact a New York workers’ compensation attorney.

Contact a workers’ compensation attorney

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If any of this should occur with your workers’ compensation claim, it is best to contact a New York workers’ compensation attorney.  Do not go it alone and do not give up on your claim.

There are many benefits to using a workers’ compensation attorney. This professional could reignite your case that was denied and set it up for approval. They can also arrange to take depositions from doctors and nurses if there is a dispute about the extent of your injury.

A good workers’ compensation attorney can ensure that your settlement agreement does not contain any cryptic clauses that can wind up costing you a boatload of money. In the event you receive a lump sum payment, a workers’ compensation attorney can have it stated in this settlement agreement that that payment is a lifetime payment. Then the monies can be spread out over the rest of the course of your lifetime.

Not all workers compensation cases are settled in a conference show outside of a courtroom. Many cases wind up in court. If this happens to you, you’ll definitely need a workers’ compensation attorney representing you. The workers’ compensation insurance company is just praying that you are buried under a pile of paperwork and don’t know what you are doing.

Specialized attorney’s have knowhow and experience

A workers’ compensation attorney is a strong advocate on your behalf. They have the experience, and they also have knowledge about the rules and regulations of the state’s workers’ compensation laws.  Having an attorney with you in the courtroom will let the workers’ compensation insurance company realize that you mean business.

If you are having any problems or issues with your workers’ compensation claim, be sure to contact an experienced workers’ compensation attorney. You can even contact a workers’ compensation attorney for a free consultation regarding your case.

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