The type and severity of your injury will influence the total case value.
In California, all employers are required to carry workers’ compensation insurance. If an employee suffers a job-related illness or injury, then they are entitled to certain benefits — without regard to fault. If an employee dies as a result of a work-related illness or injury, then their survivors will receive death benefits.
According to a California workers’ compensation lawyer, there are five types of benefits that an employee may be entitled to under the law. They include:
- Medical Benefits: necessary and reasonable medical treatment, prescriptions, and hospital services related to the work injury or illness.
- Temporary Total Benefits: workers who are disabled for more than seven (7) days will be eligible for temporary total benefits, which will go back to the first day or lost time.
- Permanent Partial Benefits: if a work-related injury or illness results in permanent bodily impairment, then benefits will be paid based on an employee’s functional loss.
- Permanent Total Benefits: if a work injury or illness prevents an employee from returning to any type of employment, they may be eligible for this type of benefit.
- Death Benefits: dependents of an employee who died from a work-related illness or injury may be entitled to receive death benefits as well as funeral benefits.
The exact amount that an individual will receive will depend on a number of factors. For this reason, it can be difficult to predict exactly how much a California workers’ comp case is worth.
If you have been injured on the job or developed an illness as a result of your work, you are probably curious about how much compensation you will receive. The answer depends on several factors:
- Type and severity of your injury: any injury that requires a longer or more extensive treatment, or even surgery, will be more expensive to treat. This increases the value of a case. A more severe injury, such as an amputation, will leave a worker more disabled — and may increase the worth of a case given the potential for permanent total or partial disability benefits.
- Ability to work: if you are currently unable to work due to your injury or illness, this shows that the disability is ongoing.
- Need for future medical care: if you will need medical care in the future, then your workers’ comp case will likely be worth more money.
- Status of case: if your employer has accepted your injury, it can increase the value of your case, but if the case is in litigation, it can reduce the total settlement amount.
- Personal situation: if you are in financial distress, you may be more inclined to accept a lower settlement offer than you would otherwise accept.
- Type of work performed: if you did physical or skilled labor, any type of physical disability will make it more difficult for you to go back to your job.
- Opinion of medical professionals: if your doctor and other medical professionals believe that your symptoms are related to your work injury or illness, then that will likely increase the value of your claim.
Most cases will settle for a larger amount if the insurance company believes that there is “future exposure,” which means that they believe that they will be required to pay wage loss and medical treatment benefits in the future. A seasoned California workers’ compensation lawyer can put together a strong case demonstrating how a settlement should compensate you for these expenses.
If you have suffered a work-related injury or illness, PLBH can help. We represent workers throughout California in their workers’ compensation claims. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a consultation with a member of our team.