How Are Workers Compensation Settlements Figured?


Quick Answer

Worker's compensation settlements are figured by considering medical records of the injury, physical impairment, the balance owed to treatment facilities, attorney fees and legal costs, as well as the potential costs of future treatments, according to The Law Dictionary. An individual should also consider the fact that an employer may deny liability of the injury.

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Full Answer

Worker's compensation settlements can vary since compensation laws are different from state to state, notes The Law Dictionary. Factors used to determine the settlement amount include the location, type and severity of the injury. State requirements for filing and calculating a worker's compensation claim are often the same.

An individual should wait until he has completed his medical improvement before calculating his compensation settlement, says The Law Dictionary. The last medical report can be used to predict future injury expenses and costs as well as how much the final settlement may be. The time it takes for the injury to heal is also factored into the final settlement amount.

An employer may be required to make disability payments to the injured individual on a semi-permanent or permanent basis, according to The Law Dictionary. The injured employee should consult with his attorney to determine when he may receive disability payments. An employer may fight having to make disability payments on the grounds that the employee's injury was caused by improper conduct or substance abuse.

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