What Is My Workers’ Comp Case Worth?

To the injured worker, putting a dollar value on the permanent loss of bodily function can be tough to reconcile. Yet, many people considering a workers' compensation claim want to know "How much is my case worth?"

It's a complex question, and often begs the follow-up question, “Why is my case worth so little?!”. The value of your claim has many variables. Here are some of the factors that go into valuing a claim.

• Type and severity of your injury: There are 2 types of workplace injuries. A Specific Injury is one that arises from a specific incident, such as, "I fell and broke my hand." A Cumulative Trauma is an injury that happens over time, like Carpal Tunnel. The type of claim is a big factor in a claim's value. Also, any injury that requires a longer or more extensive treatment, or even surgery, will be more expensive to treat. This increases the value of a case.

• Ability to work: You must be unable to work due to your injury or illness to show that the disability is ongoing.

• Status of case: If your employer has accepted your injury, it can increase the value of your case, but if the case is in litigation, it can reduce the total settlement amount.

• Personal situation: If you are in financial distress, you may be more likely to accept a lower settlement offer than you would otherwise accept.

• Type of work performed: If you did physical or skilled labor, any type of physical disability will make it more difficult for you to go back to work, increasing your need for worker’s comp.

• Opinion of medical professionals: If your doctor and other medical professionals believe that your symptoms are related to your work injury or illness, that will benefit your claim.

• Need for future medical care: If you will need medical care in the future, your claim will reflect that ongoing cost and be worth more money.

In addition to these factors, there are also 5 types of benefits that an employee may be entitled to under the law. They include:

• Medical Benefits: Coverage for necessary medical treatment, prescriptions, and hospital services.

• Temporary Total Benefits: Workers who are disabled for more than 7 days are eligible for temporary total benefits, which will go back to the first day or lost time.

• Permanent Partial Benefits: If a work-related injury or illness results in permanent bodily impairment, then benefits will be paid based on an employee’s functional loss.

• Permanent Total Benefits: If a work injury or illness prevents an employee from returning to any type of employment, they may be eligible for this type of benefit.

• Death Benefits: Dependents of an employee who died from a work-related illness or injury may be entitled to receive death benefits as well as funeral benefits.

At its core, the Workers' Compensation system is supposed to provide medical treatment, and reduce financial burdens for injured workers. However, it is rarely that simple. Claims and medical treatment are constantly denied, making it difficult for the worker to receive the benefits they are entitled to. That's why it’s important to have a good lawyer who knows the Workers' Compensation system, and all of its intricacies, on your side.

Don’t get stuck asking “Why is my case worth so little?!”. Trust the Certified Workers’ Compensation Specialists at Cole, Fisher, Cole, O’Keefe + Mahoney to get you the maximum benefits you deserve.

---

Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.