What Is the Average Workers' Compensation Claim Worth?

Every day, people are injured at work. According to the U.S. Bureau of Labor Statistics (BLS), 2,894,200 people suffered a work-related injury or illness in 2022. 5,486 people died in workplace accidents.

If you or a loved one suffered an injury or illness while on the job, you may need to file a workers’ compensation claim to recover compensation for your medical expenses, lost wages, and more. If you are thinking about pursuing compensation, you may be wondering how much the average California workers’ compensation settlement is. The team at Arrowhead Accident Lawyers can help.

How Much Is the Average Workers Compensation Settlement?

In California, the average workers’ comp settlements fall between $2,000 and $20,000. However, it’s essential to understand that these amounts can vary significantly based on factors such as the severity of the injury, the extent of disability, and the injured worker’s average weekly wage. The type of injury also plays a crucial role, with certain injuries, like those involving the face or ankle, generally receiving higher settlements.

Workers’ compensation claims are typically paid in weekly installments, but they can also be paid in a lump sum settlement.

Working with a workers’ comp attorney can help you determine the exact value of your case depending on your specific situation. This lump sum can be advantageous for covering immediate expenses or future medical care.

What Is Not Covered By Workers’ Compensation?

It is important to know that not all work accidents are covered under workers’ compensation. Injured workers will become ineligible if they:

Were under the influence of alcohol or drugs at the time of the accident
Were on a lunch break or otherwise off-duty
Were committing a crime at the time of the accident
Were engaging in horseplay or fighting

What workers’ compensation benefits am I entitled to?

Workers’ compensation benefits in California can include:

Medical expenses resulting from the injury or illness
Temporary disability benefits (TD)
Permanent disability benefits (PD)
Supplemental job displacement benefits (SJDB)
Death benefits for survivors of workers killed on the job

How long does a workers’ compensation claim take?

If you are injured at work, you need to take immediate action. First, you will need to report your accident to your employer within 30 days. Your employer then needs to provide you with a workers’ comp claim form. Once the form has been filed, the employer’s insurance company has 90 days to either accept or deny your claim.

If you are unhappy with the settlement amount presented to you, you or your attorney can negotiate with the insurance company. Negotiations can prolong the process.

Do I need an attorney?

While you are not required to have an attorney to obtain a workers’ compensation settlement, having one can be highly beneficial, especially if your employer denies or delays your claim. An experienced attorney can help navigate the complexities of the workers’ comp process, ensure you receive the maximum benefits, and protect your rights against lowball settlement offers.

California law regulates workers’ compensation attorney fees, with the standard rate set at 15% of the total awarded settlement. This percentage can vary depending on the terms set by the attorney and client.

Can I sue my employer?

If you are filing a workers’ compensation lawsuit, you generally cannot sue your employer for a workplace injury. This is because workers’ compensation is designed to be the exclusive remedy for work-related injuries, providing benefits regardless of fault.

However, there are exceptions. You may be able to sue if a third party, such as a contractor, manufacturer, or property owner, was responsible for the accident that caused your injury. This is referred to as a third-party liability claim, which allows you to pursue additional compensation not covered by workers’ compensation, including damages for pain and suffering.

Talk to a Workers’ Compensation Attorney

If you are looking for a qualified workers’ compensation attorney, call Arrowhead Accident Lawyers. We are a top-rated personal injury law firm in San Bernardino, representing victims injured in motor vehicle crashes and workplace accidents. Our goal is to ensure you receive fair compensation if you suffered a workplace injury.

Call us to schedule a completely free consultation. We will help you decide how to proceed with your California workers’ compensation case. We work on a contingency plan, which means you owe us nothing upfront. Call the legal team at Arrowhead Accident Attorneys at (909) 453-2040 or by filling out this quick form.

What Is the Average Workers’ Compensation Claim Worth?

Workers’ Comp Settlement California: What You Need to Know