If you are an employee who was injured in the workplace, the ideal resolution for your injury is a workers’ compensation settlement. The state has a workers’ compensation system that is supposed to protect the interests of workers and employers. For employers, the system is beneficial because it limits the amount that employers need to pay for workplace injuries. For employees, the system is beneficial because it eliminates the need to prove causation, which should streamline the process.
When the system is working correctly, the employer’s insurer fairly assesses the injury and promptly offers a reasonable settlement, which will cover medical bills, replace part of the worker’s income, and give the worker adequate time to recover. To understand whether your employer’s insurer is treating you fairly, it can be helpful to understand average workers’ compensation settlements in San Bernardino. Our workers’ comp attorneys are ready to be your guide through the process.
What Is an Average Settlement?
When referring to average settlements, it is vital to understand that looking at overall averages provides little information to an individual. They range from about $5,000 to over $50,000, depending on the injury. Comparing the settlements for two different types of injuries, which require different medical care and may lead to varying amounts of time away from work, can give a person unrealistic expectations, leading to someone in San Bernardino rejecting a fair workers’ comp settlement or accepting an unfair settlement.
Averages from the National Safety Council
According to the National Safety Council (NSC), three factors have a tremendous influence on the average amount of a workers’ compensation claim: cause of injury, nature of injury, and impacted body part. By looking at all three factors, an attorney can provide a good range for San Bernardino workers’ comp settlements.
According to the NSC, the injuries with the highest average payout happen in car accidents. Amputations lead to higher payouts than other injuries. Head injuries also have the highest payouts. Injuries with the lowest average payouts happen from cuts, punches, or scrapes. Chest and organ damage have lower payouts than other injuries. Cumulative injuries—like repetitive stress injuries—often lead to lower payouts, as well.
Getting an idea of the value of an injury can help determine averages. By body part, the averages for some of the most commonly injured areas are:
- Head or central nervous system—over $90,000
- Back—over $35,000
- Hand, fingers, or wrist—over $25,000
- Arms or shoulders—over $45,000
- Neck or leg—over $55,000
- Multiple body parts—over $60,000
By type of accident, the settlement ranges are:
- Motor vehicle accident—over $85,000
- Burn—over $50,000
- Strain—over $35,000
- Cumulative injuries—over $30,000
- Slip or fall—over $45,000
By nature of the injury, the average settlements are:
- Amputations—over $115,000
- Fractures, dislocations, or crush—over $60,000
- Infections—over $30,000
- Cumulative Injuries—over $15,000
The actual settlements will depend on other factors, but those numbers should give employees an idea of the range for fair settlement offers.
State Law and Workers’ Compensation Benefits
California offers a few different types of compensation for workers. The amount of a settlement in San Bernardino partially depends on the type of workers’ compensation that applies. Temporary disability is for workers who are temporarily unable to work because of an injury. Compensation for lost wages is two-thirds of the worker’s average weekly wage but has a maximum cap. The duration of temporary disability benefits depends on estimated and actual recovery time—a doctor must clear the employee to return to work.
Permanent disability benefits apply if and when an employee is entirely unable to work or has an injury that impacts earning capacity. Employees who are 100 percent disabled and unable to return to work can receive approximately two-thirds of their average weekly income. Employees with partial permanent disabilities typically get payments that range somewhere from $150 to $300 per week.
Understanding Workers’ Compensation Settlements in San Bernardino
Trying to assess whether a workers’ compensation settlement offer is fair means understanding what the injury is worth. Workers’ compensation settlements are generally lower than what you would recover in a personal injury claim. In a tort claim, the wrongdoer would be responsible for all your missing wages and loss of earning capacity. Under workers’ comp, they are only responsible for two-thirds of that cost and may not even be responsible for that much for high earners.
An attorney can help you understand the potential value of that claim. When you know the range of average workers’ compensation settlements in San Bernadino for similar injuries, you can determine whether an insurer is treating you fairly. If not, an attorney can help you explore potential remedies. Schedule a consultation to learn more.