If an injured worker is receiving workers’ compensation benefits, sometimes it makes sense to settle the case. For some cases, settlement makes sense in order to avoid the risk of having a judge at the Department of Industrial Accidents order an insurance company to reduce, or even stop, ones benefits.

Unlike car accident and other personal injury cases that deal with determining what is fair pain and suffering compensation, workers’ compensation settlement values easier to determine. That is because they are driven by the injured employee’s average weekly wage, and whether the disability from working is total, or partial disability.

There are a few different factors that determine the settlement value of a workers’ compensation case. Here are some of them.

Average Weekly Wage

Average weekly wage (AWW) is what determines the weekly workers’ compensation benefit rate for injured workers. The higher the average weekly wage, the higher the settlement value.

Temporary Total and Partial Disability

For injured workers who are temporarily unable to work, they are considered to be totally disabled. For those that are considered able to perform their job duties on a restricted basis are considered to be partially disabled.

Cases in which the worker is totally disabled will result in higher settlements than those involving partial disability.

Permanent and Total Disability

Some work injuries result in permanent and total disability. This is a high threshold to meet. These cases result in substantial settlements.

Loss of Function

Any body part(s) injured from a work accident that result in a loss of function can also serve to influence the settlement of a workers’ comp claim. The more severe the loss of function, the higher the settlement value of the case.

Massachusetts Workers’ Compensation Lawyer

If you find yourself out of work and collecting weekly benefit checks, it may make sense to lump sum settle your case. Call us for your free consultation to learn what type of settlement you can expect.