Any time that a person is injured while working, that individual is eligible to receive financial compensation to help pay for medical treatment and related costs. This program is appropriately called workers’ compensation and is a right extended to any employee in the country. When a person is injured on the job and seeks these benefits, many questions can arise, one of which is regarding how payments are calculated.
Under normal circumstances, workers’ comp benefits cover 100% of the injured employee’s medical costs. It is uncommon, however, to have this funding presented all at once. Rather, the payments that are dispensed are based on the employee’s normal weekly wage. The maximum amount one could be granted in workers’ comp is known as the average weekly wage (AWW) and is usually two-thirds of what a person would ordinarily make if he or she was working and not recovering from the injury.
The weekly benefit is then multiplied by the percentage of disability that the person is under, which is based on the most recent doctor report. For example, if a person was considered to be 100% disabled and unable to work at all, the benefits for the week would be 2/3 of the person’s weekly wage. If the person was deemed to be 75% disabled, it would be 3/4 of the 2/3 weekly wage instead.
Note however that this is a weekly calculation. The total amount of medical costs must still be paid by the insurance company over the duration of the recovery period. If the employer or insurance company refuses or tries to get out of it in some way, there may be grounds for a workers’ compensation lawsuit.
If you are having difficulty claiming the workers’ comp benefits that you deserve, we at the Franco Law Firm are here to help. For more information about the services we offer and to schedule a free consultation with us today, please call (813) 872-0929.