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Settlement Too Low? Four Ways to Know
1. Has Workers’ Compensation Calculated Your Pay Wrong?
Whether it is for temporary benefits or your final disability award, how your pay is calculated is very important. Workers’ Compensation is paid out based on your “Compensation Rate.” This is sixty-six and two-thirds percent of your Average Weekly Wage in the 52 weeks prior to your injury. This calculation can get complicated if you did not work all 52 weeks with that employer. If your rate was calculated wrong, you may be entitled to back pay for the arrearage and more money in your final award. If you believe you aren’t receiving everything you are entitled to, please contact an experienced workers’ compensation lawyer who can help you check and make sure the calculations have been done properly.
2. After Being Released From the Doctor, Were You Returned to Work?If you were not returned to full employment after being released by your doctor, you may be entitled to additional benefits. This can get complicated so the best way to make sure you are getting everything you are entitled to is to review your case with an experienced workers’ compensation lawyer. If your injury was so bad that you cannot return to your pre-employment job, there can be more benefits available to you then you might have been initially offered. When you have a serious injury and you can’t return to work, you need to have your case reviewed by a workers’ compensation lawyer immediately.
3. Was the Right Impairment Rating Used to Calculate My Award?The easiest way to have a low offer is by using the wrong impairment rating. It’s important to double check and make sure the right impairment was used, but it’s also important to make sure that a rating is challenged if it isn’t right. An experienced workers’ compensation attorney can spot when the impairment rating can be challenged to allow you to receive all the benefits you are entitled to under the law.
4. I Have an Impairment Rating, but I’m Still Treating?If you have multiple injuries from the same work accident that require different doctors, you need to complete all your treatment before settling you case. For instance, if you have both a physical and a psychological injury from the same work accident; both doctors will give you a rating. Again, if this is a serious injury, you need an experienced workers’ compensation lawyer to review your case before you agree to settle.
If you have a serious work injury, you need serious lawyers who know how to win on your side. Call (865) 691-2777 today for your free consultation to be sure you are getting all you are entitled to under the law.
