How to Calculate a Settlement in a Workman’s Comp Injury


You will find that workers compensation laws will vary depending on the state that you are in. In addition, the calculation of the final settlement in a workman’s comp injury will also vary as different formulas are used to calculate this figure. The formulas depend on the severity, location and nature of the injury. Regardless, calculating a settlement has a similar process when you look at the big picture in each state.

Workman’s Compensation Proof

One aspect of workman’s compensation laws is that they are associated with easier ways to prove them. This differs from personal injury claims used by the general public. A person who is injured in a workman’s compensation claim is not able to be awarded any monies for suffering and pain.

Calculating A Workman’s Compensation Injury Settlement

The initial step to calculate a settlement in a workman’s compensation injury is to obtain copies of the reports pertaining to the accident. These will include witness statements and medical records. When you are injured, your employer is required to file a claim regarding your accident and record it with the workman’s compensation agency in your state. When you’re injured, it’s best if you wait until you have seen a vast improvement in your health before filing a claim. By waiting, you will make sure that the full amount owed to treating facilities will be paid.

Workman’s Compensation Ratings

The next area of your settlement will deal with a bodily impairment rating. If you are fully impaired, this rating will be at 100 percent. That rating drops to 0 percent when you become completely healed. This will be determined by the final medical report that you receive from your physician. State regulations for the percentage rating will be associated with the average time to heal that is associated with the particulars of your injury and wage. The wage associated with workman’s compensation will be used as a multiplier with the time that it takes to heal. This amount will be used for another area of your settlement.

Future Expenses And Payments

The final medical report that you receive will also contain any estimate of future expenses that may be related to the initial accident. These costs will be added to that workman’s compensation settlement.

You will receive payments on a semipermanent or permanent basis, which is dependent on the extent of the injuries that you suffered. It’s important to consult with your lawyer so that you can determine a suitable schedule of payments. Also, your consultation should deal with the value associated with your final settlement. You can also include the cost of your lawyer and legal fees in your workman’s comp settlement.

Handling Perceived Risk

In some situations, an employer will claim “perceived risk.” This occurs when an employer denies liability due to claims of improper conduct on your part. If this occurs with your claim, you should speak with an attorney to discuss your case as this will definitely change the outcome.