How Much Money Will I Get For Pain in a Workers' Comp Case?
Unfortunately, the answer to this question is nothing. The workers’ compensation laws of our state, and most others only allow you to get monetary reimbursement in two areas, medical treatments and lost wages. Payments for medical treatment must be paid by the insurance carrier if it is proven that the injury occurred on the job and the treatment is medically necessary. If a doctor says you can’t work due to an injury, the insurance carrier should pay for a portion of lost wages.
If a doctor has ordered an injured worker not to return to work because of a work injury, the insurance company should pay 2/3’s of the average weekly wage. These benefits are designed to partially replace wages. They are called TTD, or Total Temporary Disability benefits and should be paid until you reach a point of maximum improvement. Another important note about the TTD benefits is that they are capped at $494.48 per week as of January of 2019. This means, if one earns more than $741.72 per week, they will actually be receiving less than 2/3’s of the average weekly wage.
The shortcomings of a workers’ comp claim are probably surprising, but it is important that injured workers are aware of them. This is another reason of why it is very important that clients remain proactive with treatment and communication with their attorney. Our goal is to get injured workers through this mess as fast as possible.
Have a great day!