John W. Redmann | March 28, 2025 | Workers’ compensation
Calculating an average settlement for workers’ compensation claims is challenging because the factors involved are diverse. The benefits paid for a workers’ comp claim depend on the type of injuries sustained, the medical treatment required, and many other factors. We can look at the average cost of a workers’ compensation claim.
Overview of Workers’ Compensation
According to the National Safety Council, the average for all claims combined in a recent two-year span was $44,179. The costliest claims involved motor vehicle accidents with an average of $90,914. The costliest injuries were amputations with an average cost of $120,077.
Factors that we analyze to determine the value of a person’s workers’ compensation claim include:
- The type of injury sustained and the impacted body parts
- The type of medical treatments required for the injury
- The severity of the injury and whether the worker sustained a permanent impairment or disfigurement
- The impairment rating for the worker’s disability
- The need for future medical treatment, personal care, vocational rehabilitation, etc.
- The effect the person’s injury has on their future earning capacity.
The average workers’ compensation settlement does not include non-economic damages. Workers’ compensation does not compensate an injured worker for pain and suffering damages.
A workers’ comp settlement includes disability benefits for future loss of income. It may also include an amount for future medical treatment. However, settlements do not compensate workers for the same economic damages they would receive in other injury cases.
Workers’ Compensation Benefits in Louisiana
Most employers in Louisiana are required to purchase workers’ compensation insurance for their employees. Workers’ compensation pays benefits to workers who sustain a workplace injury or develop an occupational illness.
The system is not based on fault. Workers do not need to prove their employer was negligent to recover benefits. Furthermore, an injured worker may receive benefits even if they were negligent in causing their injury. Employers are protected from being sued when a worker is covered by workers’ compensation.
Workers’ compensation benefits include:
Medical Treatment
Workers’ compensation pays for reasonable and necessary medical care after a work-related injury. Medical care continues until the doctor states you have reached MMI (maximum medical improvement). MMI is the point at which you have recovered fully, or further treatment is not expected to improve your condition.
Temporary Disability Benefits
An injured worker can receive temporary disability benefits if they cannot work during recovery. They must be out of work for at least seven days to receive disability benefits. The disability payments equal two-thirds of their average weekly wages before the accident. Temporary disability benefits end when the doctor releases the employee to return to work.
Permanent Disability Benefits
Workers may continue receiving disability benefits if their work injury results in a permanent total disability. Permanent total disability payments may be paid for life.
If a worker sustains a partial disability, the doctor issues an impairment rating. The worker can receive partial disability benefits based on the impairment rating and the impacted body part or system.
How Does a Workers’ Compensation Settlement Work in Gretna, LA?
Generally, a workers’ compensation settlement is an agreement between the workers’ comp insurance provider and the injured worker. The insurance company agrees to pay the employee a lump sum payment or structured payments over a specific period to resolve a workers’ comp claim. Settlements are used to resolve cases that include permanent impairments.
There are pros and cons of accepting a workers’ comp settlement, including:
- The insurance company saves money over time by paying a lump sum settlement.
- The worker receives immediate financial relief and freedom to choose how to move forward without dealing with the insurance provider.
- The worker gives up future medical coverage and weekly benefits.
- Future medical care could cost much more than expected.
- Workers may receive less money in a lump sum settlement than they would if they choose weekly disability payments for a lifelong disability.
It is crucial to seek legal advice from an experienced workers’ comp attorney before accepting a settlement. The insurance provider focuses on minimizing payouts instead of what is in the best interest of the injured worker. An attorney protects your interests to ensure you receive a fair workers’ compensation settlement.
Contact the Gretna Workers’ Compensation Lawyers of The Law Office of John W. Redmann, LLC for Help Today
If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our workers’ compensation attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.
We serve Jefferson Parish County and Louisiana’s surrounding Areas
The Law Office of John W. Redmann, LLC – Metairie, LA Office
2901 N Causeway Blvd, STE 202
Metairie, LA, 70002
(504) 500-5000
The Law Office of John W. Redmann, LLC – Gretna, LA Office
