If you have been injured as a result of an accident at work, while you were on the clock, you may be eligible to receive benefits through Workers’ Compensation. This largely depends upon a number of factors, the most important being the nature of the accident and your injury, your status as an employee, and the laws set by the state in which you live. Because accidents and injuries do vary, there is no set answer to the question of how your personal settlement is determined. When you file your claim, your case will be reviewed by the board that governs Workers’ Comp in your state, and the money owed to you will be determined by them.
How much you can expect to receive may depend on the following factors:
1) What is the severity of your injury received at work? A cut on the hand vastly differs from an injury that effects your mobility, and consequently your ability to walk. It is important to make sure you have all your medical paperwork in order when you make your claim.
2) How much time did your injury cost you? Were you able to go back to work that same day or the next, or were you required bed rest or a hospital stay to recuperate? If compensation for lost wages is a factor, that may determine your final settlement.
3) Are you even eligible to receive Workers’ Compensation, and does the injury you suffered fall under the law’s definition of one? It’s important to know what your state Workers’ Comp laws say about your injury. Full-time employees who are eligible to receive benefits may file a compensation claim if the injury is determined to be work related. If you are not certain, you should consult with the person in your company who handles benefits, usually your Human Resources manager.
The question of whether or not to agree to a settlement in your case is best answered by an attorney who concentrates in personal injury and Workers’ Compensation law. Depending on where you live, agreeing to a settlement may require to waive certain rights, particularly the right to sue the company for damages. If you also feel the compensation offered to you isn’t enough to make up for work time lost and other expenses accrued following your accident, you should discuss your options with a lawyer.