Your Expectations as an Injured Worker (Claimant)
by Rosalind Asch-Hobeck
Every workers’ compensation case is unique. No two injuries—whether to your back, leg, head, or any other body part—are identical because many factors come into play. For this reason, comparing your case to someone else’s often leads to unrealistic expectations.
For Injuries to the Head, Neck, or Back
To receive weekly payments, you must either be out of work or working in a lower-paying, light-duty job. Typically, about two years after the injury, your condition will be evaluated to determine whether it is permanent. If you are still unable to work, you may qualify for ongoing payments. Your attorney can guide you through the specifics of this process.
Understanding Schedule Loss of Use (SLU) Payments
If you’ve injured your hand, foot, leg, ankle, finger, shoulder, hip, or arm, you may qualify for a Schedule Loss of Use (SLU) payment. The amount depends on factors such as the extent of permanent damage (e.g., reduced range of motion) and other criteria outlined in workers' compensation guidelines.
Be aware that SLU evaluations typically don’t happen immediately after your injury, especially if you’ve had surgery. In most cases, it takes about a year before you can be assessed. Additionally, if you received payments for lost time while out of work, the insurance company will credit those payments when calculating your SLU award.
The good news is that you may still qualify for an SLU payment even if you’ve returned to work. The amount you’re eligible to receive is based on your pre-injury average weekly wage, the maximum benefit limits at the time of your injury, and the percentage of loss as determined by the guidelines.
Considering Settlement Options
You can discuss settling your case with the insurance company, but remember that neither you nor the insurer is obligated to agree to a settlement. Settlements depend on various factors, including the nature of your injury, its impact on your ability to work, and future medical needs. It’s essential to weigh the pros and cons of a settlement carefully, with guidance from an experienced attorney.
Managing Settlement Expectations
It’s important not to assume your case is worth a significant amount simply because someone else received a large settlement. Workers’ compensation cases are highly individualized, and their value depends on numerous specific details. Consulting a workers’ comp attorney can help you understand how the rules apply to your circumstances and provide realistic expectations.
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