Q:

How do you accurately calculate an anticipated worker's comp settlement?

A:

Quick Answer

To accurately compute your anticipated worker's compensation settlement, you need to aggregate your current and estimated future medical expenses with the compensation that applies to your impairment rating, explains the Law Dictionary. In some circumstances, you may need to factor perceived risk into your calculations; this is the probability of your employer denying liability by claiming that your injury is the result of improper conduct or substance abuse.

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Full Answer

To estimate the right level of compensation for their injuries, affected workers should have information on current and estimated future treatment costs, which they can obtain from the medical records that their treatment facilities maintain, states the Law Dictionary. These costs should form part of the final settlement. To avoid making errors, affected workers should wait until they attain maximum medical improvement before including in this information in their computations.

Impairment ratings and the associated compensation should also be factored into these calculations, notes the Law Dictionary. Affected workers can obtain this information from their physician's narrative opinion in the medical reports relating to their injuries. They should also study the relevant state regulations, as these stipulate the correlation between impairment ratings, healing time and compensatory wages. To compute this part of the settlement, affected workers need multiply the compensation wages by the time it takes to heal.

The law may require insurers to make disability payments on a semi-permanent or permanent basis for some injuries, in addition to settlements, according to the Law Dictionary. In such cases, affected workers should consult with legal professionals to determine the right payment schedules.

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