- January 22, 2021
- Work Injury
Average settlements for workers’ compensation vary greatly, depending on many factors, but a workers’ comp lawyer can help you get the maximum amount you are entitled to.
The average settlement cost for a workers’ compensation claim is about $40,000, according to the National Council on Compensation Insurance. However, settlements vary greatly, depending on factors such as the nature and permanence of the injury and whether injured workers run into road-blocks trying to get their benefits. Fortunately, if you are a worker who has been injured on the job, there is help available from a workers’ compensation lawyer who can fight to get you the maximum settlement possible.
Workers’ comp is an insurance program, paid for by employers and directed by the NY Workers’ Compensation Board. Filing claims for benefits is a complicated process, and making mistakes can cause a claim to be denied. Also, both employers whose insurance premiums increase based on claims paid and insurance companies who are out for profit will often try to avoid paying out claims. They may use tactics such as denying claims on a technicality or claiming that your injuries were not even work-related.
At Kaplan Lawyers, PC, our New York workers’ compensation lawyers are aware of these tactics and how to combat denials and get you the benefits you deserve. We can help you understand and undertake the long and often arduous process of gathering information and filing for benefits. If you can never return to work because of your injuries or illness, we will fight to ensure that you receive long-term benefits for your permanent disability.
We offer a free, confidential consultation to discuss the circumstances of your individual situation and find out about your workers’ comp settlement and the best way to ensure that you get it.
Data Related to the Average Settlement for Workers’ Compensation
According to data from the National Council on Compensation Insurance’s (NCCI) Workers Compensation Statistical Plan database, the average cost for all workers’ compensation claims combined in 2017-2018 was $41,003. There are many factors that affect the amount, including the …
- Nature of injury — The costliest lost-time workers’ compensation claims occur due to amputation, and they averaged $109,926 per workers’ compensation claim filed in 2017 and 2018. The next highest costs were for injuries resulting in fracture, crush, or dislocation ($59,253), other trauma ($57,805), and burns ($48,295).
- Part of body — Injuries to the head or central nervous system were the costliest lost-time workers’ compensation claims by part of body, averaging $92,439 per claim filed in 2017 and 2018. The next highest costs were for injuries involving multiple body parts ($68,749) and the neck ($61,510). Injuries to the hip, thigh, and pelvis ($58,146), leg ($57,476), arm or shoulders ($46,205), and chest or organs ($42,342) also had above-average costs.
- Cause of injury — Motor vehicle crashes were the cause of the costliest lost-time workers’ compensation claims, averaging $78,466 per workers’ compensation claim filed in 2017 and 2018. Other causes with above-average costs were burns ($49,521), falls or slips ($47,516), and caught in equipment ($43,538).
What Does a Workers’ Comp Settlement Include?
Your workers’ compensation settlement includes monetary benefits and/or medical care if you have been injured or become ill as a direct result of your job. Benefits are meant to cover medical expenses, such as doctor and hospital bills, and part of your lost wages. You may also be entitled to supplemental benefits if left permanently and totally disabled and to vocational rehabilitation if you cannot return to your former job; and your dependents would be entitled to death benefits under NY WCL §16 if a work-related injury causes death.
The actual amount of your settlement to replace lost income depends upon how your disability is classified. New York has the following disability classifications:
- Temporary partial disability — Your ability to earn wages is partially lost, but temporarily.
- Permanent partial disability — You are partially disabled on a permanent basis, so part of your wage-earning capacity is lost. Depending on the injury and what part of the body is affected, you may receive one of two kinds of permanent partial disability benefits:
- Schedule loss of use — involves upper and lower extremities, eyesight and hearing. You will receive two-thirds of your average weekly wage (up to the legal maximum) for the number of weeks listed in the schedule, multiplied by the percentage of your lost use.
- Non-schedule loss — includes other body parts, such as the brain, lungs and heart. The number of weeks you can receive these benefits depends on the percentage of your lost earning capacity, according to a formula.
- Temporary total disability — You are completely unable to work, but only for a temporary period.
- Permanent total disability — You have a total and permanent loss of wage-earning ability.
In all cases, if you are unable to work for more than seven days, workers’ comp will pay for lost wages based on your average weekly wage for the previous year. The following formula is used to calculate benefits: 2/3 x average weekly wage x % of disability = weekly benefit.
Call Kaplan Law today to start fighting for all your workers’ comp benefits at (516) 399-2364.
How do I Maximize my Workers’ Comp Settlement?
Because employers and their insurers are doing everything to minimize or deny your claims, having a workers’ comp attorney on your side is the best way to maximize your settlement. Our Kaplan Law lawyers can help by:
- Making sure all forms and procedures are filled out correctly and on time
- Investigating your case to determine what happened and gathering evidence to help prove your claim
- Interviewing eyewitnesses and first responders and obtaining all relevant records and accident reports and previous claims against your employer
- Negotiating with insurance companies for a fair settlement
- Building and preparing your case and taking it to trial if necessary
- Representing you at any hearings with the NY Workers’ Compensation Board and appealing any denials.
We will be there for you throughout the entire process, working to maximize your workers’ comp settlement and fighting for the compensation you deserve. Call us today at (516) 399-2364.