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October 13, 2022
Written by: Anthony Ivone
How is a Worker’s Compensation Claim Calculated?
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The state of Illinois has strict laws that make it mandatory for companies to provide worker’s compensation insurance for their employees. A worker’s compensation settlement is calculated using a variety of factors, including the cause of the accident, the type of injury sustained, and the length of time the employee will be out of work. Other factors taken into consideration when determining a settlement include injuries that might leave the worker permanently disabled and whether the worker was negligent in the accident.

The Calculation Process

When an experienced attorney takes on your worker’s compensation case, you may need to disclose your average wages and the severity of your injury. The attorney will then take your gross average earnings per week and multiply them by 60 percent. You will also have to report which body part is injured, which will determine the number of weeks that should be paid to the employee to replace their income from said injury.

Our detail-oriented lawyers could complete this calculation process with care to maximize the impact of a worker’s compensation claim.

Who Is Liable for a Work Accident?

Did an employee use proper safety protocols while maneuvering around the work environment? If so, they will likely not be responsible for their own injuries. However, if the employee was not acting under the safety regulations of their workplace, they would be liable in their worker’s compensation case. If the workplace trained all its employees on safety and potential hazards in their respective environment, the company might not be deemed liable for the accident.

A company might attempt to avoid responsibility for an accident and blame a worker for their own injuries. These tactics can be frustrating, but our tenacious lawyers could fight against these strategies and help an employee recover benefits through their worker’s comp claim.

Speak With an Attorney About How Worker’s Compensation Claims are Calculated

If you were hurt in the workplace, you should seek medical attention to help you establish a timeline for when you sustained the injury. A medical professional may also provide supporting documentation for your injury claim. This could significantly streamline the process of calculating your worker’s compensation benefits. To learn more about how our team could help with figuring out how much money you deserve, reach out to us today.

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