How to ACTUALLY Calculate The Value of Your Workers Comp Case!
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- Опубликовано: 8 авг 2024
- ☎️ Need my help with your Workers Compensation case? Call to set up a free consultation at 212-406-8989 or visit bit.ly/RexContact
In this video, I explain how the value of a workers' compensation case is determined and what factors contribute to a claim's worth. The most important factor is your average weekly wage, calculated from your gross salary over 52 weeks leading up to your accident. This average determines your compensation rate, which is typically two-thirds of your wage, capped at a statutory maximum.
Next, I discuss the significance of lost time. For injuries involving the head, neck, and back, you need to be out of work to qualify for benefits. The degree of disability also plays a role in the value of your claim. Cases with injuries to arms, legs, hands, and feet use a "Schedule Loss of Use," where the degree of disability determines compensation.
To accurately calculate your case value, you need to provide evidence of your average weekly wage, such as tax returns and pay stubs. Medical records and proof of lost time are also crucial. If you have multiple jobs, you may be able to combine salaries to increase your average weekly wage.
Common mistakes injured workers make include focusing on irrelevant factors like unpaid bills or pain and suffering, which don't affect compensation. I emphasize the importance of consulting with a lawyer to ensure your case isn't undervalued and to understand the timing of settlement.
For those wondering about the value of specific cases, I give examples of broken legs, heart attacks, and other injuries. The key to maximizing your case's value is timing and understanding when to negotiate a settlement. If you suspect your case is being undervalued, seek legal advice to avoid accepting a low offer.
#workerscompensation
#workerscomp
#workinjury
0:00 Factors In Determining Value
1:55 How To Get An Accurate Calculation
3:35 How Multiple Jobs Affects Case Value
4:40 Mistakes Injured Workers Make With Case Value
6:28 Case Value Examples
8:25 Heart Attack Claim Example
9:01 Broken Leg Example
9:57 Is Your Case Being Undervalued?
10:42 Expert Tips!
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This video is for educational purposes and does not constitute legal advice. There is no attorney-client relationship formed through interactions with this video. While examples may be given, Prior Results do not guarantee a similar outcome.
For proper legal advice and analysis of your call to set up a free consultation at 212-406-8989.
This is attorney advertising. The Law Firm of Rex Zachofsky, 111 John St # 1615, New York, NY 10038
👋If you enjoyed this, check out my other video to learn how to maximize your Workers Comp Settlement "The ULTIMATE Guide To a BIG Workers Comp Settlement in 2024!" ruclips.net/video/6PXXJYIEPXE/видео.html
I am near 65 and ready for Medicare advantage in California. I was told by the Social Security administration that the value of receiving this benefit will be based on the ZIP Code and area that I live in?
How do you based your benefits and condition and your event on how much you should pay for Social Security advantage when you hit 65 on a ZIP Code or area that you live in ?
That is crazy . It’s not based on your income, social events or anything. It’s based on the area that you live in. That’s insane.
Appreciate all this information.
My pleasure!
Got offered 5k denied from Sedgwick how much more will the offer more from that more less?
Ok so im trying to get tbetter understanding. Once im finished and released from WMC, Does the insurance give me some type of settlement at the end?
Or do my weekly checks just stop and it's done? I have been reading on how all this works and want to know what's going on.
Are these the general formulas for every state or just in New York? Thanks.
Every state has its own set of rules and laws. These are just New York. For questions on your specific jurisdiction I recommend you contact your local Bar Association. You can also reach out to my office and we can help find you an attorney in your area. Good luck.
Hi I had two employees at the time of my injury. WC only paid weekly for one of those employers . Am I supposed to be paid concurrent employment?
I had a torn quadriceps tendons and fell 3 times at work
Ouch! Hope you’re feeling better!
@@workerscompnewyork I fell out in the parking lot while I was working to get my inhaler and fell on ice twice and torn the tendon in my left leg and a partial tear in the muscles in my right leg… but the doctors put in my medical record that I just walk out and fall but not on the ice and I have a witness that help me off the ground the first time
If it is late in my case and no attorney/lawyer wants to accept my case even though my claim is still open and currently receiving treatment, how do I go about maximizing my claim?
California
Call someone in California
@@davecolvin7969 you gotta read what I said.
@@davecolvin7969 I live in California, therefor I am calling California Attorneys/Lawyers.
I’m currently injured since sept 2023 and I got my right shoulder injured during the academy for correctional officer, now they want me to see IME. I’m worried is this because my job wants to fire me ? I’m willing to go back even if injured
I’m not sure what state you are in, but generally speaking, you cannot be fired simply because you sustained injury of the job. There are different rules in different states and jurisdictions however, in New York State, you cannot be discriminated against for filing for or participating in a Worker’s Compensation claim. There are a lot of layers to your question although it might not seem that way at first glance. Please feel free to reach out to me to discuss this further so we could try to help you. Thank you.
@@workerscompnewyork hello thank you for replying and I’m located in Washington state .
If you go into negotiations, would you give up the right to sue the insurance company or the employer before going into the first meeting?
In New York State, if your employer has proper Worker’s Compensation coverage, you do not have the opportunity under most circumstances to sue them at all. Generally speaking, you may only sue if there is no coverage.
The united states postal office is the highest court. There are two corporations at the post office. They are usps and uspo. You can sue through the private administrative process using registered restricted mail. The post office was before the corporate united states was created and the universal postal union controls all countries since all countries had to submit their constitutions for approval.
its such bs that pain and suffering is not involved unless you have a 3rd party
Hey, everyone can we work together to share this great Content with one person, family member or a coworker!!
Thanks, Dru. I’m here to help everybody.