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How Much in Workers' Comp Benefits Can I Get?

How Much in Workers' Comp Benefits Can I Get?

Posted By Dunnion Law || 21-Mar-2017

Anyone who has suffered a workplace injury knows just how devastating these events can be. Not only do you have to recover from your injuries, you also must decide how to support yourself financially while you are out of work. Fortunately, injured workers are able to apply for workers’ comp benefits after a workplace injury.

Before you apply for workers’ comp, however, it’s a good idea to learn how much your payments might be. Find out the amount you may receive in workers’ comp benefits and learn the ways that an attorney can help when your claim has been denied.

Disabilities Eligible for Workers’ Comp Benefits

Before you will be eligible to receive workers’ comp, you have to be disabled. Worker’s comp is separated into four different disability categories.

First, there is temporary total disability, which means your disability will heal but you won’t be able to work until it does. Second, temporary partial disability indicates you can work some while you recover. Third, permanent partial disability indicates your disability will never get better but you can still work to a degree. Finally, permanent total disability is for employees whose condition will never get better and will never be able to work again.

Any employee that falls into one of these categories can receive benefits.

Learn How Your Ability Affects Your Payments

Finding out how much you can receive in weekly payments is reliant on your ability to work. Those seeking workers’ comp benefits who are unable to work will receive a higher payment amount than those who retain some of their workability.

Total disability payments will equal two-thirds of your average weekly wage (AWW) prior to being hurt. Your AWW comprises your earnings, which includes overtime payments. By dividing your AWW by a number of weeks before your injury, your weekly payments will be determined. The number of weeks can be as many as 52. California imposes a maximum of $1,103.29 per week.

If you suffer from a partial disability, your payments will be calculated based on how much you are currently able to earn. For example, if your post-injury earning capacity is $750, your weekly payments will be two-thirds of this amount, $500.

Your payments will continue for as long as you are disabled or until you turn 65.

Compensation for Serious, Permanent Disabilities

It is also possible for you to receive payments for a permanent impairment. Most states have set amounts they will pay out for a permanent disability, such as $100,000 for the total loss of use of your arm. If you have lost 75% use of your arm as outlined by the American Medical Association, then your impairment could be worth $75,000.

In California, for injuries suffered after the first day of 2014, you are entitled to $290 per week in partial permanent disability. If your disability is total and permanent, you can receive this benefit for life.

Additional Funding You Can Access

It is also possible for you to receive payments from workers’ comp for medical expenses if your insurance company has denied your claim. Unfortunately, this can happen if your insurer believes your condition is taking too long to heal or you are not undergoing acceptable treatments.

For partially disabled workers who still have the ability to work, workers’ comp may also bay for vocational rehabilitation. If you receive vocational rehab payments, you will be able to receive training for a new position.

Apply for Workers’ Comp Benefits with Legal Help

Applying for workers’ comp can be difficult, and if you want to make sure you receive the workers’ comp benefits you deserve, then you need to work with the Dunnion Law Firm.

Our lawyers are very familiar with the workers’ comp system and can help make sure your claim is successful. Contact us today.

Categories: Personal Injury