Why are most workers' compensation claims worth so little money? The ugly truth is that the system is stacked against you. A shocking study recently revealed that 55% of workers' comp claims are only worth between $2,000 and $20,000, and that 12% are worth less than $2,000. This means that 67% of all workers' comp claims nationwide are worth less than $20,000.
That's not good news if you're an injured worker, but not all hope is lost. You could still be part of the 33% who receive more than that. Understanding why the odds aren't in your favor is crucial because only then can you take the necessary steps to maximize your workers' compensation claim.
To better understand how the workers' comp system is stacked against you, let's imagine two different scenarios.
In the first scenario, you're driving to the store on the weekend to get some groceries and suddenly get rear-ended by a careless driver. You end up in the hospital with a serious back injury that will likely take months to heal. You find yourself unable to work, in constant pain, and unable to do activities you used to enjoy, like exercising or picking up your child.
To get compensated for this accident derailing your life, you file a personal injury lawsuit against the driver who rear-ended you. In court, you might sue for $15,000 to cover medical bills and lost wages and an additional $27,000 for pain and suffering, totaling $42,000. The court might even add more for punitive damages.
Now, let's imagine the second scenario. You're at work, picking up something heavy because your supervisor instructed you to. Suddenly, your back goes out. Just like in the previous scenario, the doctor tells you that you have a serious back injury that will take months to heal. Your life is turned upside down, you're unable to work, and you're in constant pain.
To get compensated, you file a workers' compensation claim. However, you can't sue anyone for a workplace injury, even if it was unreasonable for your supervisor to request you lift something so heavy. Workers' compensation only pays for medical coverage, lost wages, and any disability resulting from your injury. This means you can't be compensated for your pain and suffering, even though it's just as bad as in the car accident scenario.
In the first scenario, you could potentially receive over $42,000 for your injury. In the second scenario, you might only get $15,000 for medical treatment and lost wages. Under the workers' compensation system, you don't even get your full salary; you only receive a maximum of two-thirds of your average weekly wage, potentially dropping your compensation to $13,000 or less.
To make matters worse, you'll have to fight with the insurance company every step of the way to ensure you get all the benefits you're owed. Why? Because the less money they pay you, the more they get to keep. So, they do everything in their power to reduce or deny your benefits. In the end, you're so exhausted from the workers' compensation runaround that you close your case for a measly $7,000 or $8,000 just to be done with it and move on with your life.
The ugly truth about workers' comp is that it's designed to compensate workers as little as possible for their workplace injuries and to make it as difficult as possible to get paid. You can't sue your boss or the company you work for, you can't get paid for your pain and suffering, you don't receive the full amount of your wages or salary, and you often have to fight the insurance company every step of the way. This is why the system is stacked against you and why the majority of workers' comp claims are worth so little money.
So, is it even worth it to file a workers' compensation claim? Absolutely. While the system is far from ideal, it's still your best chance of getting compensated for your workplace injury. Plus, it has its perks.
Don't let the fact that the deck is stacked against you prevent you from pursuing a workers' compensation claim. It's there for you when you get hurt on the job, so make sure you take full advantage of it every time.
My name is Rex Zachofsky, and I became a New York workers' comp lawyer 17 years ago after getting injured on the job. If you're looking for a lawyer to help you with your claim for New York State workers' compensation benefits, please give me a call for a free consultation at 212-406-8989.
If you want to be part of the 33% getting more in workers' comp benefits, be sure to watch my other video about the number one trick to get a huge workers' comp settlement. In it, I share the one simple thing you can do to increase the size of your settlement by as much as 50%, which will certainly put you into that category. I'll include that link here.
Remember, while the system may be challenging, understanding how it works and having the right support can make all the difference in your workers' compensation claim.
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