One question that we receive is, “How much is my workers’ compensation case worth?” It’s a natural question, and it’s also a popular question searched online.
The honest answer is that every case is different. There is no formula or online calculator that can accurately determine the value of a workers’ compensation claim. The amount you may receive depends on the nature of your injury, your medical treatment, whether you are able to return to work, and several other factors under Arkansas law. If anyone believes that they can plug information into a search to get an accurate answer is likely being misled.
Medical Treatment
If your injury is found to be compensable, workers’ compensation generally pays for reasonable and necessary medical treatment related to your work injury. This can include emergency care, doctor’s visits, surgery, hospitalizations, physical therapy, prescription medications, diagnostic testing, and other medically necessary treatment. The amount of your medical bills does not necessarily a factor other than in assessing the value of settlement in a controverted claim generally.
Temporary Total Disability (TTD)
If your injury prevents you from working while you recover, you may be entitled to Temporary Total Disability (TTD) benefits. These benefits are generally paid while you remain within your healing period and are unable to earn wages because of your injury.
TTD benefits are based upon your average weekly wage before the accident, subject to the maximum rates established each year by Arkansas law. They are only payable while you are still under active treatment and unable to return to work.
Permanent Impairment
Once you reach maximum medical improvement (MMI), your treating physician may assign a permanent impairment rating if your injury has resulted in permanent damage.
An impairment rating is based upon medical guidelines and compensates you for the permanent physical loss caused by your injury. The amount paid depends upon the percentage assigned and the part of the body that was injured.
Wage-Loss Disability
For many workers, the largest portion of a claim involves wage-loss disability.
If you suffer an injury to the body as a whole, such as many back, neck, or shoulder injuries, Arkansas law may allow benefits that exceed your permanent impairment rating. These additional benefits are known as wage-loss disability benefits but are technically additional permanent partial disability benefits.
The purpose of wage-loss disability is to compensate an injured worker whose injury has reduced his or her ability to earn a living in the future.
When determining wage-loss disability, the Arkansas Workers’ Compensation Commission may consider factors such as:
- Your age.
- Your education.
- Your work history and job skills.
- Your permanent work restrictions.
- Whether you can return to your previous occupation.
- Your motivation to return to work or pursue other employment.
- Any other factors affecting your future earning capacity.
For example, a younger worker with transferable skills may have a different wage-loss claim than someone who has spent decades performing heavy manual labor and can no longer do that type of work because of permanent restrictions.
Every Case Is Different
Two workers with the same injury may have claims worth significantly different amounts. One worker may recover completely and return to the same job with no permanent limitations. Another may require surgery, receive permanent restrictions, and be unable to return to the type of work he or she performed before the accident.
That is why it is impossible to accurately value a workers’ compensation claim without reviewing the medical records, wage information, work history, and other important facts.
We Can Help Evaluate Your Claim
If you have been injured on the job in Arkansas, understanding what benefits you may be entitled to can be confusing. An experienced workers’ compensation attorney can review your claim, explain the benefits available under Arkansas law, and help determine whether you may be entitled to medical treatment, temporary disability benefits, permanent impairment benefits, or wage-loss disability.
If you have questions about your Arkansas workers’ compensation claim, contact Martin Law Firm for a free consultation. We represent injured workers throughout Arkansas and can help you understand your rights and the benefits available under the Arkansas Workers’ Compensation Act.