When an employee looks to submit a claim for workers compensation after they have been injured in an accident, the legal team must assess what the case is worth. The reason for this is that so many cases like this are actually settled out of court, which really does suit everyone involved. In terms of workers comp settlement amounts Connecticut lawyers Gould Injury Law and others, follow a rough matrix which they use to calculate how much a case is worth, in order to start negotiating, and here is what they will pay attention to when they do so.
Location of the Injury
The first area which the legal team will look at is the location of the injury which has been sustained. Ultimately different parts of the body are worth more than others, and this is why we look at it in this way. For example an injury to the head is considered as more dangerous as an injury to the hand or arm, which is why it is considered as being more ‘valuable’. If there are multiple injuries then this of course will be considered too, and a totting up procedure will be used.
Severity of the Injury
Next up the lawyers and their team will look at the severity of the injury, because this can greatly impact the overall value of the compensation which they are seeking. Usually an injury is broken down into minor, moderate and severe, which helps the team gauge the value of the injury. This part of the calculation process can find that a less ‘valuable; area of the body is in fact worth more based severity. The loss of feeling in the legs for example is going to be worth much more than say, a laceration to the head.
In order to ascertain the severity of an injury the legal team will use medical professionals to take a look at the client and confirm what level the injury is.
Beyond The Injury
Another important factor when it comes to calculating how much a compensation claim is worth, is looking beyond the injury. Initially the team will consider the costs which the client has had to pay in medical bills, as well as taking into consideration any loss of earnings which they have encountered because of the injury. And finally lawyers will work with the client in understanding what other impacts the injury has had. For example some people are left with a great amount of anxiety in returning to work, which can take a long time to move past. The trauma of the pain and suffering and the impact which it has on mental and emotional health has to be considered just as much as the physical injuries which the victim has faced.
Using all of these points, the legal team will arrive at a figure that they will then ask for when they submit their claim for compensation. This will be the starting point for negotiations between the two legal teams.