workers' compensation claim

Workman’s compensation is the amount given to an employee who has suffered body injuries while working in the company with a promise that the worker will not take the company to court for failing to ensure a safe environment to work in. Its a form of insurance whereby the injured employee gets income and medical allowances.

Calculating Payout In Workman’s Compensation Injury

Computing the settlement in workman’s compensation it depends on several factors like nature, part of the body injured for instance a knee and lastly the gravity of the injury.

Steps In Calculating The Amount

First is to ensure accident and medical reports are present. Also, a statement from those who saw you incurring the injury should be obtained. The employee can get medical records from the health facility they sort treatment from as a result of the injury. Its advised to wait until treatment is complete so as to get the full bill since it will determine the amount. The employer should file an accident report to the workman’s compensation agency in that country.

 

The other step is to figure out to the extent of your body that has been injured. For instance, it should be determined whether the employee has been completely disabled or just minor injuries. Also, the time that will take the employee to heal should be considered. This will be obtained with medical reports associated with the injury.

Depending on the country an employee is, the workman’s compensation wage will be multiplied by the duration it will take to heal. This amount will be included in the settlement.¬†Also, future expenses associated with the accident should be calculated and included in the settlement.

The dates at which payments will be made need to be determined since payout can be made on the permanent or temporary basis. In such a case the employee needs to sort the services of an Attorney. Because of this legal cost will be included in workman’s compensation. A certain amount should be subtracted which is referred to as a perceived risk arising from the fact that the employer may claim that the accident occurred because of bad behavior or misuse of a certain thing by an employee.

Types Of Settlement

There are two major types of settlements sum and structured settlement. Lump sum involves single payment of a certain amount of money at a particular time. A structured settlement involves paying a small amount over a long period of time.

Factors To Consider While Deciding Whether To Take A Workman’s Compensation Settlement

The risk associated with the employer taking you to court instead. An employee needs to consider the benefits that may be lost if he does not accept the settlement as the employer may win the case by proving it was the worker who did not behave in right conduct leading to the accident. If this happens there may be no any amount or may be little and this can be avoided by agreeing to take the settlement.

Another thing to consider is to determine whether workman’s compensation in your country caters for future costs arising from the accident. If it does not allow you should not accept to go for settlement else one may seek litigation.

An employee should keep in mind that workman’s compensation settlement is voluntarily and it’s not a must to accept the compensation proposed to you and can seek other measures like going to court. The compensation amount will basically depend on medical costs incurred and whether the employee has suffered permanent or temporary disability.