December 11, 2024

Free California Workers’ Comp Settlement Calculator

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

Looking to see what your workers’ compensation case might be worth? Use our free calculator below designed specifically for California work comp cases to get a settlement estimate in 90 seconds or less.

*Please note, the figures presented in this calculator are approximations based on past case results and should not be interpreted as a prediction or guarantee. Each case is unique and requires personalized legal guidance.

How to Calculate a Workers’ Compensation Settlement

A workers’ compensation settlement typically compensates you for losses incurred due to a work-related injury. These losses can be categorized into:

Medical Expenses

• Past Medical Costs: Calculate all medical expenses incurred up to the settlement date, including doctor visits, surgeries, medications, physical therapy, and hospital stays.
• Future Medical Costs: Estimate future medical expenses based on the severity of your injury and the anticipated length of treatment. This may involve consulting with medical experts to get a realistic projection.

Lost Wages

• Temporary Total Disability (TTD): Calculate the wages you lost during the period you were unable to work due to your injury.
• Temporary Partial Disability (TPD): Estimate the wage loss you experienced while working reduced hours or at a lower-paying job.
• Permanent Disability: If your injury results in permanent impairment, calculate the potential loss of earning capacity. This may involve consulting with a vocational rehabilitation expert.

Disability Benefits

Permanent Disability

• Permanent Partial Disability (PPD): If your injury results in a permanent impairment, you may be eligible for PPD benefits. The amount of these benefits is often determined by a rating system that assesses the extent of your impairment.
• Permanent Total Disability (PTD): If your injury prevents you from working at all, you may be eligible for PTD benefits. These benefits typically replace a portion of your average weekly wage.

Factors Influencing Settlement Amounts

Several factors can influence the final settlement amount:

• Severity of the Injury: More severe injuries generally result in higher settlement amounts.
• Length of Recovery Time: Longer recovery periods can lead to increased lost wages and medical expenses.
• Impact on Future Earning Capacity: If your injury significantly impacts your ability to work, you may be entitled to higher settlement amounts.
• Employer’s Insurance Carrier: Different insurance carriers may have different settlement strategies and policies.

Guide for Calculating Your Potential Work Comp Settlement

1. Gather Documentation: Collect all relevant medical records, employment records, and wage statements.
2. Consult an Attorney: A workers’ compensation attorney can help you understand your rights and navigate the complex legal process.
3. Calculate Economic Losses: Use medical bills, pay stubs, and other financial records to calculate your past and future losses.
4. Estimate Future Medical Costs: Consult with medical experts to get a realistic estimate of future medical expenses.
5. Assess Permanent Impairment: If your injury has resulted in permanent impairment, consult with a medical expert to determine the extent of your disability.
6. Negotiate with the Insurance Carrier: Your attorney can negotiate with the insurance carrier to reach a fair settlement.
7. Mediation or Arbitration: If negotiations fail, mediation or arbitration may be options to resolve the dispute.
8. Litigation: As a last resort, you may need to file a lawsuit.

Remember, every workers’ compensation case is unique. By understanding the factors involved and seeking legal advice, you can maximize your potential settlement.

How a Work Comp Attorney Could Get You More Settlement Money

A workers’ compensation attorney can sometimes significantly increase the settlement amount you receive by leveraging their expertise and experience. Here’s what they might do.

1. Maximizing Your Medical Evidence

• Attorneys ensure your medical evaluations are thorough and fully document the extent of your injuries, your disability rating, and any long-term impact on your ability to work.
• They can refer you to trusted doctors who specialize in workers’ compensation cases, ensuring accurate reports that bolster your claim.

2. Determining the Full Value of Your Case

• An experienced attorney knows how to calculate all potential benefits, including temporary disability, permanent disability, future medical care, and vocational retraining costs.
• They ensure that none of your entitled benefits are overlooked, which might happen if you negotiate alone.

3. Negotiating with Insurance Companies

• Insurance companies often aim to minimize payouts. An attorney understands the tactics insurers use and can negotiate aggressively on your behalf to achieve a fair settlement.
• They prevent you from settling too early or for less than your case is worth.

4. Challenging a Low Disability Rating

• If your doctor assigns a disability rating that undervalues the extent of your injuries, an attorney can challenge it through a Qualified Medical Evaluation (QME) or an Agreed Medical Evaluation (AME).

5. Proving Employer Negligence

• If employer negligence contributed to your injury, an attorney can argue for higher compensation, such as penalties for unsafe workplace conditions.
• They may identify third-party claims if another company’s negligence played a role, increasing potential compensation.

6. Ensuring Future Medical Care Coverage

• Attorneys negotiate settlements that include future medical expenses, ensuring you are not left paying out of pocket for ongoing treatment.
• They can arrange structured settlements or include language in your agreement to protect your future care rights.

7. Litigating When Necessary

• If a fair settlement cannot be reached, attorneys can represent you in workers’ compensation appeals or hearings, where they can present compelling evidence to a judge.
• This often results in higher awards than settling out of court without legal representation.

8. Avoiding Costly Mistakes

• Workers’ comp laws are complex, and mistakes like missing deadlines, failing to document evidence, or accepting lowball offers can reduce your payout. Attorneys ensure your case is handled properly.

Connect with our Workers’ Compensation Attorneys

Looking to speak with a California work comp attorney to see what your case might be worth? Contact LawLinq ASAP for a free consultation to see what your case might be worth.