How Is Workers Compensation Paid Out?
May 28, 2019 | Worker's Compensation
If you were injured on the job or suffered occupational exposure, you could be eligible to receive workers’ compensation benefits to offset the cost of medical expenses and lost wages that stemmed from the accident. Workers’ compensation benefits are typically paid out in one of two ways: weekly payments or depending on the severity of the accident, in a lump-sum depending on your state’s workers’ compensation laws. An experienced lawyer can assess your case, determine how your state’s laws apply to your workers’ compensation case, and offer support throughout the process of recovering damages for your medical care and lost wages.
How Are Workers Compensation Benefits Calculated?
Workers’ compensation laws differ in each state and include eligibility requirements for receiving workers’ compensation benefits, the rate at which each settlement is calculated, how long an injured employee has to file a valid claim, and a maximum amount that can’t be exceeded for weekly workers’ compensation payments.
Typically, the elements that are considered when calculating workers’ compensation include:
- What is the nature of the person’s injury?
- What caused the accident to happen?
- How long has the employee worked for the company?
- How long did it take for the employee to report the accident?
- Where did the accident happen? Was the employee clocked in at the time of the accident?
Many other factors can affect the amount of compensation you receive for your workplace injuries, such as lack of evidence, delay in filing a claim, and more. However, with careful documentation of your injuries by a trusted doctor, substantial evidence from the accident, and an experienced workers’ compensation lawyer, you can be confident in the outcome of your claim, and know that it’s in the hands of someone that has your case’s best interests at heart.
Workers Compensation Payment Schedule
Workers’ compensation benefits are commonly distributed on a weekly basis and are generally calculated using a rate of 66 2/3%. Where workers’ compensation laws differ for each state is whether there is a cap on the maximum amount of weekly compensation that can be received, if benefits are eligible to be awarded in a lump-sum, and how long a person can receive benefits.
For example, in the state of Missouri, weekly workers’ compensation benefits cannot exceed $947.64 for temporary total and permanent disabilities that are caused in a workplace accident, and payment cannot be awarded for more than four hundred weeks. However, in Minnesota, benefits cannot exceed $1,046.52, and can only be recovered for up to 103 weeks.
If the amount of workers’ compensation benefits that you are eligible to receive is unclear, or you don’t know how workers compensation is paid out in your state, consulting an experienced lawyer about your case can provide information on your state’s workers’ compensation payment schedule, the formula used to calculate settlements for workers’ compensation, and offer support during this difficult time.
How Can a Workers Compensation Lawyer Help with my Benefits Claim?
If you or someone you love has been injured in an accident at work, you need a Workers’ Compensation Lawyer to represent your case. A lawyer can ensure that you have accurate information on your state’s workers’ compensation process and access to resources that can increase the odds of recovering benefits for your workers’ compensation claim.
Christopher Dixon and the Workers’ Compensation Lawyers at the Dixon Injury Firm know what it takes to win your case and protect you from your negligent employer. If your employer refuses to provide you with the necessary paperwork to file a claim, doesn’t submit your claim by your state’s employer deadline for submitting claims to an insurance company, or you need more information on how workers’ compensation is paid out, the Dixon Injury Firm is ready to help.
For more information on how our Workers’ Compensation Lawyers can help with your case, call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation.