How Much is My Workers’ Comp Case Worth in Harrisburg, PA?
September 7, 2021 | Workers’ Compensation
If you were injured in a job-related accident, you may wonder how much your workers’ compensation case is worth. You may not know how much to expect unless you have prior experience with the workers’ compensation claims process.
One of the best ways to understand the value of your claim is to speak with a legal professional. A skilled workers’ compensation lawyer will carefully examine the facts of your case and estimate its worth.
This guide will examine some of the factors that influence the value of workers’ compensation claims.
Workers’ Compensation Damages
There are many similarities between workers’ compensation cases and other types of personal injury claims. There are also several significant legal differences between the two.
Workers’ compensation benefits are intended to cover employers for the costs that injured workers sustain. Workers’ comp only repays an injured worker’s monetary losses related to an accident.
The damages that are available through workers’ compensation benefits are known as “economic” damages. Typical examples include:
- The cost of medical treatments and prescriptions
- The losses associated with personal property damage
- Lost income and wages from missing work
Workers’ compensation claims do not cover one of the common categories of damages in personal injury cases, called “non-economic” damages.
Typical examples of non-economic damages include:
- Pain and suffering
- Emotional distress like trauma, anxiety, and depression
- Loss of ability to enjoy life
- And more
Unfortunately, this means that a work-related injury claim is worth less than the same accident outside of the workplace.
Factors that Affect the Value of a Workers’ Compensation Case
Under the Workers’ Compensation Act, injured employees are owed benefits totaling at least two-thirds of their weekly pay. This piece of legislation also details maximum and minimum requirements for workers’ compensation payments.
The calculation of an employee’s weekly wage is based on the following:
- Reported tips
- Vacation payments
- Compensation for work-related lodging
Under Pennsylvania state law, the maximum weekly workers’ compensation payment rate is $1,081. This maximum compensation rate is adjusted by the Pennsylvania Department of Labor and Industry.
Other factors may affect the value of a workers’ compensation claim, as well. These include:
The Nature of Your Injury
Generally, the more severe your illness or injury is, the higher your workers’ compensation settlement will be. Severe injuries are more likely to impact your ability to perform essential job functions.
The Nature of Medical Treatments
This factor overlaps with the previous one. The more medical treatment and care that you require, the more compensation you can claim.
Workers’ compensation insurance is meant to cover the monetary losses that result from your on-the-job injury or illness. Higher medical costs mean a larger payment through workers’ compensation insurance.
Whether the Provider Challenges Your Claim
In some cases, the employer’s insurance company will attempt to challenge your claim. It is important to note that for-profit private insurance providers do not operate in the best interests of claimants.
The insurance provider may attempt to devalue your claim by downplaying your injuries. They may also delay the claims process to deter you from seeking reasonable compensation.
The Skill and Experience of Your Lawyer
It is important to speak with a knowledgeable workers’ compensation attorney after a job-related accident. A skilled lawyer will understand how to negotiate on your behalf effectively.
This is especially true if you are dealing with an uncooperative insurance provider. A workers’ compensation attorney will build a powerful case and help you to secure maximum compensation.
Contact the Workers’ Compensation Lawyers In Pennsylvania at Marzzacco Niven & Associates For Legal Help With Your Case
Workers’ Compensation Attorneys in Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111