The Workers' Compensation Law governs the type of compensation to which a person is entitled after being a victim of a work accident. This law regulates the vast majority of workers, with the exception of independent contractors. These benefits are calculated based on the type of injury suffered, the duration and/or severity of the injury.
In most cases, you will have to face a process in which you must prove that your injuries were caused by repetitive work or some constant exposure factor within your work duties.
That is why you should contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or write to us via WhatsApp, only then can we provide you with a professional labor attorney who can give you the best free consultation and, if you wish, subsequently represent you in court; this way we will help you obtain the highest possible compensation for your injuries during a work accident.
What is the Definition of Indemnification or Compensation for Suffering a Work Accident?
Compensation or indemnification can basically be defined as the economic or medical support that a person receives as payment for material or human losses, injuries or suffering after being a victim of any type of accident while performing their work duties.
How to Calculate Workers' Compensation or Indemnification?
There are several factors and elements taken into account by the authorities when calculating the workers' compensation check to which they are entitled, which are:
- The parts of the body injured
- The state where the incident occurred
- The size of the employer's payroll
- The job classification of the injured employee
- The company's claims experience.
To make a better calculation of the compensation you may receive, it is recommended that you seek advice from an expert labor attorney who can analyze your file and advise you on the procedure to follow to claim the benefits.
Payments and Benefits Included in Workers' Compensation
- Medical payments for medical treatment to cure injuries
As a worker, you have the right to receive payment for any type of treatment received as a result of an injury or wound suffered at work.In many cases, your employer is part of a Preferred Provider Program (PPP) approved by the insurance department. If you wish to be treated by a doctor who is not part of this program, you must be referred and approved by a PPP member and your employer must be informed.
- Lost time benefits
Days lost due to your injury or injuries do not have to be consecutive. Calculating lost time benefits is very simple. The first step is to determine if you had additional work or a second job and your boss knew about it.In these cases, the regular weekly salary and additional pay for mandatory overtime hours and the weekly salary from your second job are added up. The time period that is taken into consideration is the last 52 weeks during which you received full payment before the accident.
The total weekly amount of the 2 types of remuneration (regular and mandatory overtime hours - plus the second job in some cases) is divided by 52 weeks, then you are entitled to receive 2/3 of this calculated average.
- Right to continued payments if you return to work in another capacity at a lower wage
After your doctor authorizes you to return to work, but in another capacity, and your employer accommodates you but at a lower wage, you still have the right to receive compensation for partial disability benefits.
In this case, the average amount of compensation you received before the accident is obtained during the last 52 weeks, and the average weekly compensation without discount that you receive in your new disability is added.
In this situation, you are entitled to receive 2/3 of this average. For example, if you earned an average of one thousand dollars per week before the accident and now earn 500 dollars net per week. The average weekly amount is 750 dollars and 2/3 of that is 562 dollars.
- Additional compensation or indemnification
You are entitled to additional compensation or indemnification if you have suffered disfigurement, amputation or a significantly visible scar left on key parts of the body, such as the face, arms, legs up to the knee and on the chest.
- Permanent partial disability or permanent total disability
Doctors must provide a detailed report of your injuries in order to provide a medical prognosis and determine the type of disability you will receive. There are different types of disabilities, either:
- Temporary total disability
- Temporary partial disability
- Permanent partial disability
- Permanent total disability
With the medical report, your injuries or health damages will be quantified, this will allow you to determine the compensation you are entitled to. Other factors that enter into the calculation are your earning capacity before and after the accident.
For cases of permanent disability, you are entitled to receive lifetime payments. This information will help you request compensation for permanent disability.
The choice of your attorney is one of the aspects that can contribute to the final decision of your case. For this reason, if you or a loved one need it, you should contact the Conexión Legal team as soon as possible so that we can provide you with the best free consultation, and likewise, legal representation by a labor attorney in case you have suffered personal injuries from a work accident and to obtain the best possible compensation.
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