- Posted January 3, 2015 by
Retaining A Workers' Comp Attorney| Why You Need To Calculate Your Claim Correctly
Did you know that in some states you get an arbitrator to look over your workers' comp case? Do you know how that will affect you? Basically in lay terms—it means the arbitrator is not paid to be an advocate for you—the victim. They are paid to decide fair dealings for both you and the employer whether your employer is guilty of gross negligence or not. Because of this, you need a competent attorney to make sure you get the fair share that you deserve. But just in case—we are going to educate you in regard to the calculation of your claim.
Organize Proper Documentation: Collect your documents that prove your claim. This is everything from medical records and treatments, diagnosis, X rays—everything. Your accident report details on the official documents—you are entitled to a copy.
Play the Waiting Game: This is where we suggest a lawyer come in. Most people aren't aware of what their limit of approval is and most employers are vague about it. So, you will want a lawyer to find out what your maximum level of approval is prior to you even entering into negotiations.
Wage Calculations: Calculate the average wage collected for your work week and add the total earnings for the year before. Divide that sum by 52 weeks. If you worked less than a 52 week year you need to find out exactly how many weeks you worked.
Your State: Some states use a body part chart. Yes, it sounds awful but they determine the partial disability and workman’s' comp settlement based on the nature of your injury and what the affected body parts were.
Locate your Body Part: You can then calculate the number of weeks you are entitled to collect in based on what it says next to your affected body part on the chart.
Calculate your Benefit: Multiply 0.667 by your weekly wage and this is what your entitlement will be.
Now, Calculate your Settlement: Multiply the total of your weekly settlement by the amount of weeks you are entitled to and viola, your settlement would be in that amount.
When you have two jobs: You may be able to include the second income with that but again—this is what your attorney is for.
Overtime Earnings: Some states may not allow you to claim the overtime earnings unless you work overtime very regularly and even then.
This is of course the way you would do things with an arbitrator only. We aren't saying that a lawyer can guarantee you more, but, they can guarantee you do not get lost in the cracks and or played unfairly by the employer. Corporations have lawyers and as much as we don't want to think that the people we've worked for all this time would engage in any unfair practices—we have to look after ourselves.