What Is My Workers Compensation Case Worth?
It is no surprise that this is the most common question but unfortunately it is also one the most difficult to answer. There is simply not a specific dollar award for specific injuries. Rather, the Court must consider certain factors when determining the value of a worker's compensation claim. These factors include:
- The medical impairment rating
- Restrictions and limitations caused by the injury
- Whether the employee made a meaningful return to work with the pre–injury employer
- The employee's age and education
- The employee's average weekly wage
- The employee's working skills and training.
- Local Job opportunities
In addition to these legal factors, an experienced lawyer will also take into consider many other variables that just cannot be found in a book. In each case handled by our office, we consider past experiences with similar cases, the need for an independent medical exam, previous rulings from the judge assigned to the case and patterns of opposing counsel in other work comp cases. After a complete picture of your case has been developed, we can then give our clients advice as to the value of their case. This is often presented in terms of a reasonable range of value. At this point, the client can to decide whether to accept a settlement, make a counter–demand or to present the case in Court.