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When Can You Not Get The Full Amount Of Compensation In A Worker Compensation Claim?

  • Jul 4, 2018
  • 2 min read

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Were you involved in an accident at your workplace? Have you suffered an injury or developed a condition as a result of the accident? If so, you are entitled to receive workers’ compensation and other benefits involved.


To do so, all you have to do is file a workers’ compensation claim and once approved (successful), you will receive much-needed benefits. These benefits involve:


  • Paid medical care

  • Compensation for your past and future lost wages

  • Compensation for your pain and suffering

  • Disability benefits

  • Death benefits


However, what happens when you are not given the full amount of compensation you deserve? In what instances are you give less than what you deserve, and why? we talked with experienced Workers Compensation Attorneys in Los Angeles, and this is what found out.

Never Expect Full-Wage Compensation


Most people believe that they will receive full compensation for their injuries. However, this is never the case. According to the law, every injured individual whose workers’ compensation is approved is entitled to receive approximately 2/3 of his/her lost wages. This includes (not all the time) both future and past lost wages. Now in some cases, you may end up with less than 66% percent. Don’t get confused, as you haven’t accounted taxes into the deal. You see, if you used to make $15 an hour, you weren’t getting all $15. Instead, after taxes were deducted, you probably got like $13.7-13.8. The same goes for your lost wages; instead of getting the full $10 (2/3), you will get less once the taxes are deducted. Again, this is something that an attorney will better explain. For that reason, JML Law always recommend that you schedule your initial consultation with one of their attorneys today. Don’t hesitate to give them a call and one of their available attorneys will gladly assist you with the issues.

Were You Offered a Settlement?


There are instances where you may be offered a settlement by your employer. There are two different types of settlements:

A lump-sum payment usually refers to a one-time payment from your employer in exchange for one or more of your rights (giving up the future medical treatment). However, you may end up losing more than you can receive by accepting a lump-sum payment.


A structured settlement is an agreement to receive multiple payments or one payment each month over the course of 6 months, 12 months or more. This is negotiated with your employer.


Both of these types of settlements will give you less than what you deserve (in total). However, sometimes accepting them can guarantee that you will receive at least some benefits from your accident. If you refuse the settlement offered by your employer and end up with a denied claim, you will be left empty-handed. For this reason (and many others), you should always consult with one of Workers Compensation Attorneys in Los Angeles, and seek their legal guidance and counsel.


 
 
 

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