Workers' Comp: Don't Settle Without Including These Issues

Posted on: 27 December 2017

If you are now dealing with a permanent injury because of your job, you are likely contemplating what to expect from your employer's workers' comp carrier. The usual benefits that you've been receiving are what's known as temporary disability, and they will end once you have reached a certain point in your workers' comp claim. Read on for more information about what should be included in your workers' comp permanent injury settlement.

Permanent Partial Disability

You may be suffering from a partial disability, where you will be deemed to be at a percentage of ability. For example, you may ruled to be 75% disabled, or some other number. This number is based not on a percentage of your body that is impaired, but on the amount of work you may still be able to do. Some injuries may not actually interfere with your ability to do your job, but do affect you in general. For example, if you suffered from facial burns that have left you scarred, you may still be able to work at your job but are, nevertheless, eligible for compensation for having a permanent injury.

In other cases, you can work but not full time or at certain tasks. Part of your settlement could be continued employment, but with restrictions. You will still be eligible for compensation to bring your salary up to a certain standard. Your disability, when partial, will be assigned a rating. This rating is used to determine your settlement. You should keep in mind that the settlement amount that corresponds to the rating is only the starting point for negotiations. You have the right to ask for more, such as advance medical payments for future surgeries.

Permanent Total Disability

This type of disability will undoubtedly signal the end of your time on the job. You should be paid enough to sustain until you reach full retirement age, and it should be enough to substitute for your former salary. You probably will need to seek help from a workers' comp attorney when dealing with a permanent injury, since the payment structure and amounts can get very complicated.

Medical Bills

Keeping up with medical bills and dealing with a serious injury can be a challenge. Given the high cost of medical care, staying organized is vital. You are entitled to have not only your past bills paid, but your future medical bills paid as well. With your workers' comp attorney and your doctor's help, estimate the future cost of dealing with your disability and include that in with your expected settlement. Always estimate on the high side, since these types of costs will only rise in the future. Your doctor's opinion about your needs for future care will carry a lot of weight.

Contact professionals like McKone & Unruh for more information.