How Workers Compensation Award Is Determined?

Posted by Workplace Injury Lawyer on April 16th, 2021

A workers compensation law is the law that helps the workers and their dependents get compensation for their injury or loss that results due to a workplace accident. This compensation law generally varies from state to state but the motive to provide the compensation to the injured remains the same.

In a workers compensation battle, the calculation of the final settlement of the injury is calculated on the basis of different formulas. The calculation also depends on various other factors such as the severity of the injury, location of the injury, and its nature. In Glendale, workers' compensation attorneys are hired by the injured to file a claim against the employer or the insurance company for the compensation.

Before reaching the final settlement or accepting any amount offered by the employer/insurance company, it is important as well as beneficial for each injured worker to be aware of the calculation of the workers' compensation. Knowing that how workers' compensation award is determined helps them to decide that either they should accept the offer or not. The expenses that are covered under the workers' compensation are:-

Medical expenses:-

The compensation award is determined on the basis of the cost of medical treatment. This cost includes both present and future expenses made by the injured worker for the treatment. A good lawyer helps the injured worker in collecting all the medical bills, ambulance charges, medical test charges, and all other expenses. The current hospital bills, and prescriptions, etc. are also counted for calculating the compensation.

Disability:-

The disability is calculated for the compensation on the basis of its nature. it can be either a temporary or permanent disability. This type of disability affects the number of weeks the worker will receive the disability benefits or wage differential.

Lost wages:-

Another point that is highly considered while calculating the workers' compensation award is the lost wages of the injured. When a worker got injured while working or on the job, and face any type of disability then they can claim their lost wages. Due to this injured workers miss the work. This previously missed work, as well as future, missed work on the basis of disability is counted under the calculation.

Legal fees:-

For the calculation of the workers' compensation award, each and every expense relating to the workers’ comp claim is taken into account. This settlement calculating even includes the legal fees of the lawyer hired by the worker. No doubt the calculation is done by the insurance company but having an experienced workers compensation attorney help to manage the settlement and claim perfectly. The workers' compensation attorneys of Glendale make sure that the injured will get the maximum compensation for the loss.

Future medical cost:-

While calculating the awards, many states also count the future medical cost of the injured. When workers suffer from permanent disability or temporary permanent disability like loss of any body part, head injury, fractures, etc. they have to keep taking the medical treatment. Such expenses of the future are also covered under the compensation award.