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Month: March 2019

How Is A Workers’ Comp Settlement Calculated?

How Is A Workers' Comp Settlement Calculated?

Question

How do they calculate how much my workers’ comp settlement is worth?

Answer

One person doesn’t decide your settlement amount- it is an agreement between both sides.

how-workers-comp-settlement-calculated

Workers' Comp Is An Agreement

First, understand that no one person decides what the settlement amount will be. Not you, not the insurance company, not your employer, not opposing counsel, not the judge. A settlement can only happen when both sides agree on an amount that, if paid to you, ends your case for all time. Beyond that, the court must approve any settlement which, generally is not a problem.

Benefits Explained

When determining the settlement value of your case, you will want to consider the amount that you get per week in your present workers’ compensation check and how much longer you are likely to continue to receive that check on a weekly basis. You will also want to consider whether or not you’re likely to be suspended from benefits, and/or whether or not you are close to “the gate” (which is the amount of time that any person in your situation is allowed to collect weekly benefits).

Case Compromise

With any workers’ compensation settlement, you have to be willing to compromise, because in many cases there is no guarantee that you’ll actually collect all that you could possibly collect. When each side determines their risk, there is often some lump sum amount that can be arrived at that fairly compensates the employee, and that the employer feels is in their best interest because it ends their exposure forever. In a traditional personal injury claim, a jury can officially determine what a case is worth. Therefore, in a personal injury case, both sides can fight all day long as to what the “true value” of the case is, but no one really knows for sure unless they have a trial and the jury decides for them.

Employer vs Employee

Unlike cases that get decided by a jury, there is no mechanism for getting a determination on what you’re entitled to as a lump sum to settle your workers’ compensation case. The only way to truly know, ironically, is to not settle and see what happens. Therefore, to arrive at a settlement, the employer/insurance comapny has to look at the maximum amount of exposure or money that they could potentially pay out over time, and the employee has to determine what the “worst case” scenario is for them under the facts of their particular case. Sometimes, both sides can agree on a number. Sometimes they can’t.

Win Your Workers' Comp or Personal Injury Case

Can I Still Obtain A Workers’ Compensation Settlement If The Accident Was My Fault?

Can I Still Obtain A Workers’ Compensation Settlement If The Accident Was My Fault?

Question

I was injured at work but it was my fault- will workers’ comp cover it?

Answer

It is still possible to get workers’ comp benefits.

still-get-workers-comp-if-my-fault

A Workers' Comp Settlement Is Possible

If an accident is your fault, you can still be entitled to workers’ compensation benefits, and thus a workers’ compensation settlement would be possible. The only exceptions that could bar you from having a workers’ compensation settlement are the same exceptions that would prevent you from having a workers’ compensation case at all.

When A Case Is Questionable

For example, there is the horseplay exception, which generally prevents workers’ compensation benefits for workplace injuries that are the result of “horseplay” on the part of the employee. However, there are exceptions that require us to look at the facts of your case very closely to make sure the exclusion does not apply to you. You can also be barred from workers’ compensation for injuries you sustain because you were intoxicated, or committing a crime when you were injured. Workplace fights that result in injuries are another potential exception that could bar you from benefits, but it’s important to note that if the fight originated by something regarding the work itself, or if you are not the aggressor, you may still be entitled to collect comp.

The System Of Workers' Comp

Just because you may have been careless, or an incident was your fault, you are absolutely still entitled to workers’ compensation benefits provided that all of the other factors that you are required to prove are present. This is what is meant when people say workers’ compensation is a “no fault” system. For example, you may be guilty of being injured because you are “clumsy” in doing your work, but if you got hurt doing your job, you’re entitled to workers’ compensation benefits.

Things To Remember

When the legislature created the workers’ compensation system, the goal was to create a system that provided compensation for workers who get hurt at work. The trade-off that occurred when creating this system is that while the worker does not have to show that his employer was negligent or at fault for the injury, the amount that the worker is entitled to receive under the workers’ compensation system is not equal to what he or she potentially could recover in a “traditional” personal injury case. At the same time, it is also important to note that even if your employer was negligent or at fault for your injuries, you are not entitled to anything more than injured workers who were hurt through no fault of the employer. Please remember, however, that some work injuries result in the injured worker being able to collect benefits under the Rhode Island workers’ compensation laws and pursue a personal injury case as well (for example, if you drive for a living and someone rear-ends you, you can be on comp and pursue a personal injury case against the driver that hit you).

Win Your Workers' Comp or Personal Injury Case

Will Workers’ Comp Pay For Non-Accidental Work Injuries in RI?

Will Workers' Comp Pay For Non-Accidental
Work Injuries in Rhode Island?

Question

I was injured at work but it wasn’t an accident- will workers’ comp cover it?

Answer

Workers’ Comp can cover non-accidental work injuries.

workers-comp-pay-for-non-accidental-injuries-ri

Injuries Don't Need to be an Accident

Workers’ compensation can cover non-accidental work-related injuries. There are different types of situations where an employee who is injured would be entitled to workers’ compensation benefits, even in the absence of a discreet or acute “accident” or “injury.”

Injuries Build Up Over Time

We typically see these types of cases when an employee must come out of the workforce due to repetitive work activities that, over time, become disabling them to the point that they are no longer able to work full duty. As long as we can show that this disability is the result of an occupational illness or disease, or by repetitive work activity that cumulatively, over time, resulted in the inability to work, then there would be a workers’ compensation case.

Win Your Workers' Comp or Personal Injury Case

March 2019 - Simone & McCahey LLP Skip to content

Month: March 2019

How Is A Workers’ Comp Settlement Calculated?

How Is A Workers' Comp Settlement Calculated?

Question

How do they calculate how much my workers’ comp settlement is worth?

Answer

One person doesn’t decide your settlement amount- it is an agreement between both sides.

how-workers-comp-settlement-calculated

Workers' Comp Is An Agreement

First, understand that no one person decides what the settlement amount will be. Not you, not the insurance company, not your employer, not opposing counsel, not the judge. A settlement can only happen when both sides agree on an amount that, if paid to you, ends your case for all time. Beyond that, the court must approve any settlement which, generally is not a problem.

Benefits Explained

When determining the settlement value of your case, you will want to consider the amount that you get per week in your present workers’ compensation check and how much longer you are likely to continue to receive that check on a weekly basis. You will also want to consider whether or not you’re likely to be suspended from benefits, and/or whether or not you are close to “the gate” (which is the amount of time that any person in your situation is allowed to collect weekly benefits).

Case Compromise

With any workers’ compensation settlement, you have to be willing to compromise, because in many cases there is no guarantee that you’ll actually collect all that you could possibly collect. When each side determines their risk, there is often some lump sum amount that can be arrived at that fairly compensates the employee, and that the employer feels is in their best interest because it ends their exposure forever. In a traditional personal injury claim, a jury can officially determine what a case is worth. Therefore, in a personal injury case, both sides can fight all day long as to what the “true value” of the case is, but no one really knows for sure unless they have a trial and the jury decides for them.

Employer vs Employee

Unlike cases that get decided by a jury, there is no mechanism for getting a determination on what you’re entitled to as a lump sum to settle your workers’ compensation case. The only way to truly know, ironically, is to not settle and see what happens. Therefore, to arrive at a settlement, the employer/insurance comapny has to look at the maximum amount of exposure or money that they could potentially pay out over time, and the employee has to determine what the “worst case” scenario is for them under the facts of their particular case. Sometimes, both sides can agree on a number. Sometimes they can’t.

Win Your Workers' Comp or Personal Injury Case

Can I Still Obtain A Workers’ Compensation Settlement If The Accident Was My Fault?

Can I Still Obtain A Workers’ Compensation Settlement If The Accident Was My Fault?

Question

I was injured at work but it was my fault- will workers’ comp cover it?

Answer

It is still possible to get workers’ comp benefits.

still-get-workers-comp-if-my-fault

A Workers' Comp Settlement Is Possible

If an accident is your fault, you can still be entitled to workers’ compensation benefits, and thus a workers’ compensation settlement would be possible. The only exceptions that could bar you from having a workers’ compensation settlement are the same exceptions that would prevent you from having a workers’ compensation case at all.

When A Case Is Questionable

For example, there is the horseplay exception, which generally prevents workers’ compensation benefits for workplace injuries that are the result of “horseplay” on the part of the employee. However, there are exceptions that require us to look at the facts of your case very closely to make sure the exclusion does not apply to you. You can also be barred from workers’ compensation for injuries you sustain because you were intoxicated, or committing a crime when you were injured. Workplace fights that result in injuries are another potential exception that could bar you from benefits, but it’s important to note that if the fight originated by something regarding the work itself, or if you are not the aggressor, you may still be entitled to collect comp.

The System Of Workers' Comp

Just because you may have been careless, or an incident was your fault, you are absolutely still entitled to workers’ compensation benefits provided that all of the other factors that you are required to prove are present. This is what is meant when people say workers’ compensation is a “no fault” system. For example, you may be guilty of being injured because you are “clumsy” in doing your work, but if you got hurt doing your job, you’re entitled to workers’ compensation benefits.

Things To Remember

When the legislature created the workers’ compensation system, the goal was to create a system that provided compensation for workers who get hurt at work. The trade-off that occurred when creating this system is that while the worker does not have to show that his employer was negligent or at fault for the injury, the amount that the worker is entitled to receive under the workers’ compensation system is not equal to what he or she potentially could recover in a “traditional” personal injury case. At the same time, it is also important to note that even if your employer was negligent or at fault for your injuries, you are not entitled to anything more than injured workers who were hurt through no fault of the employer. Please remember, however, that some work injuries result in the injured worker being able to collect benefits under the Rhode Island workers’ compensation laws and pursue a personal injury case as well (for example, if you drive for a living and someone rear-ends you, you can be on comp and pursue a personal injury case against the driver that hit you).

Win Your Workers' Comp or Personal Injury Case

Will Workers’ Comp Pay For Non-Accidental Work Injuries in RI?

Will Workers' Comp Pay For Non-Accidental
Work Injuries in Rhode Island?

Question

I was injured at work but it wasn’t an accident- will workers’ comp cover it?

Answer

Workers’ Comp can cover non-accidental work injuries.

workers-comp-pay-for-non-accidental-injuries-ri

Injuries Don't Need to be an Accident

Workers’ compensation can cover non-accidental work-related injuries. There are different types of situations where an employee who is injured would be entitled to workers’ compensation benefits, even in the absence of a discreet or acute “accident” or “injury.”

Injuries Build Up Over Time

We typically see these types of cases when an employee must come out of the workforce due to repetitive work activities that, over time, become disabling them to the point that they are no longer able to work full duty. As long as we can show that this disability is the result of an occupational illness or disease, or by repetitive work activity that cumulatively, over time, resulted in the inability to work, then there would be a workers’ compensation case.

Win Your Workers' Comp or Personal Injury Case

Angelo Simone and Shelagh McCahey’s dream was a law firm truly built upon a core value of excellence, without compromise. This law firm is the result of that dream. It is also the result of many long conversations about what is truly best for the client, what actually drives truly excellent results, and why many lawyers—even those who have done quite well for themselves—simply don’t hit the target.

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