Calculate compensation for work accident

If you suffered a fall, fracture, accident with a machine or other injury related to your work and you ask yourself: Now what? Let’s go with a guide on: how Calculate compensation for work accident.

It’s not just in U.S, around the world the number of work accidents a year is huge.

Whether you are Hispanic, an immigrant of other nationalities or born in the United States, if you are a resident and have your job, you have legal protection in terms of work accident.

Worker’s Compensation Law

U.S has the federal worker’s compensation law to regulate the compensation workers compensation in case of any work accident.

The worker’s compensation law has legal reach to any worker who is not an independent contractor. This law establishes what the corresponding benefits or compensation will be as a worker if you suffer an accident at work.

The compensation for work accident that corresponds to you will also depend on the injury you have suffered.

Why? Well, each injury is different, as he explains Medlineplus.gov in its degree of severity and how it will affect your future performance, therefore; different will also be the time you need to recover.

To better understand it, the same compensation cannot be awarded to someone who has a broken finger as someone who has a broken knee.

The purpose of the worker’s compensation law could not be other than to grant “necessary” protection if you happen to have a work accident, since two people with different extents of injury will not need the same thing.

What is compensation or compensation?

Before proceeding any further, it should be clarified what we mean by compensation or compensation.

Explaining it from a simple point, it is what you receive to alleviate the results of an accident at work. It is what corresponds to you for not being able to work. You must be careful not to confuse workers’ compensation with a personal injury or «personal injury” because in the latter case, if you seek compensation, you must prove that your employer has committed negligence that led to your health being put at risk.

We could also say that It is compensation that you receive as a benefit for damages resulting from an accident at work., usually through a monetary payment or complete comprehensive clinical and medical care.

Types of disabilities

The type of disability product of your injuries work accident must be supported by a detailed report from a doctor. This will allow determining the scope and type of disability correspondent.

Four can be noted. types of disabilities:

temporary total disability

In this case, the injury you suffered will totally prevent you from doing any work. Despite that, it is expected that you will be able to heal within a certain amount of time.

total disability permanent

This is the worst case scenario, no one wants to be rated as Total permanent disability. You are totally disabled to perform any work permanently.

The detailed report of a doctor is the one that will be in charge of classifying your injury and damages in case of being temporary or permanent.

The type of your disability, is a determining factor to evaluate the monetary benefit corresponding to your case. It is a determining point when calculate compensation for work accident.

temporary partial disability

In this case, the injury you suffered will allow you to do some work, but in a limited way, being able to fully recover your abilities in a specific time.

partial disability permanent

You suffered an injury that results in permanent impairment, something that will prevent you from being able to do your normal activities freely. You may be able to work, but you will be permanently limited.

With a permanent partial disability, it is very likely that you will be able to do a job in top shape other than the one you had and you will not have the faculties for just anyone.

How much can I receive for an accident at work?

Taking into account that the employee receives money due to an inability to workIn general, they are entitled to four different types of compensation:

  • weekly compensation
  • Permanent disability benefits
  • Payment of medical bills
  • vocational rehabilitation

How much weekly compensation is paid?

Total disability is usually 66.6% (or 2/3) of the worker’s pre-injury average weekly wage (AWW) (up to 52 weeks). However, many states have capped the amount at $1,000 regardless of the employee’s AWW.

Partial disability benefits are calculated differently, considering current earning capacity instead of pre-injury AWW. In most states this is 2/3 of what the worker can earn while injured.

How much permanent disability benefits are paid?

The American Medical Association (AMA) establishes criteria for doctors to determine what percentage of disability you have. If your hand is disabled by 20%, for example, then you are entitled to 20% of what your state mandates as payment for the complete loss of a hand. Some states also consider scars to be permanent disability.

Payment of medical treatments

You should know that if you work in a company and suffer an injury or injury as a result of the activity you carry out, you have every right to request payment to cover the treatment you received as a result of the injury.

Most commonly, employers hire a PPO insurance (Preferred Provider Program) previously admitted by the insurance department to handle cases.

If you don’t know the PPO health insurance, Medicare.gov clarifies that they are health insurance plans offered by companies, which have their network of doctors, hospitals and other health providers for you to use.

To use doctors or providers outside the network, you must be referred by someone included in the PPO and with the knowledge of your employer.

vocational rehabilitation

If you’ve been away from your job for a long time, chances are a few things will have changed when you return. In case you need training in new skills, your employer should take care of them.

lost time benefit

Although calculate the lost time benefit It can be simple, it usually generates doubts.

The most common is whether lost time will be taken into account and whether it must be consecutive; whether or not you have an additional job and if you have a second job if your employer is aware of it.

In case you have two jobs, a regular weekly payment is made and an extra one according to the time you are going to lose in a second job.

The calculation is made taking into account the fifty-two (52) weeks prior (to the accident) in which you received full pay. The total amount is divided between those fifty-two (52) weeks for the two types of payment that include regular, if you do overtime and second job if applicable. The result will give you the right to receive two thirds of the average calculated for you, for the duration of your rest.

additional compensation

If you’re disfigured, amputated, or have a fairly noticeable scar on a key part of your body (face, arm, leg to knee, and upper chest), you’ll probably have a compensation additional.

Calculate compensation for work accident

Understanding that in the best of cases the compensation for work accident is economical, the question arises: How to calculate a compensation for work accident?

The factors and elements that affect or are considered for the execution of the calculation of compensation for work accident according to the protection granted in the law are the following:

  • The part of your body that is injured.
  • The state of the American Union where the accident occurred. States may vary on the compensation that can correspond to you.
  • The size of your employer’s payroll.
  • How the activity or work you do when you have been injured is rated.
  • The history of the employer in claims about compensation for work accident.

On some internet platforms you can find compensation calculators, which allow you to obtain an approximate of how much you could receive as compensation for work accident.

But the most recommended thing for you to do your calculation of compensation for work accidents is that you seek support from a lawyer or expert who can do a professional study of your case and guide you on the process you must follow.

Compensation table for work accident in each state

Each state decides how its workers’ compensation is administered, except for federal workers, who report to the national government. So, we see that there is a difference between federal employees and those who work for private companies or for local or state entities.

Likewise, there is a big difference between what you can receive as workers’ compensation if you work in one state of the Union or in another. And that’s just to name a few variables (we’ll cover all of them later).

As we said before, it is better that the calculation of compensation for work accidents is carried out by a professional since the amounts vary greatly from one state of the country to another. However, in the following table you can find your state of residence and a link to the dependent office of the Department of Labor (DOL or Department of Labor) where you will find more information about it.

How to report unhealthy working conditions?

If you want to file a complaint against the working conditions offered by your employer, you can do so at your local office of the Occupational Safety and Health Administration (OSHA). If you believe that safety and hygiene regulations are being violated in your workplace or if you believe that there is a danger that is threatening you or your co-workers, you can request an official inspection of your workplace either by mail, email, phone or fax.

As you know, compensation for work accidents is only for workers who are in their positions in a dependency relationship and not for independent workers. However, anyone who sees an unsafe workplace can report it to OSHA. Moreover, that person can request that their identity be protected.

If you believe your employer has retaliated against you for exercising your safety and health rights, you should immediately call your local OSHA office. Your complaint will be valid for a period of 30 calendar days from the retaliation event. OSHA accepts written complaints in any language so don’t worry if your English isn’t great and you can’t hire a lawyer. You can call 1-800-321-OSHA (6742).

In case you work for the federal state, visit this official website to learn more.

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