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How Much Will My Disability or Workers’ Comp Claim Be? | The Law Firm of Webster & Carlton

Let's say, for instance, you've got the shoulder again, it's 232 weeks of disability in total at that level. So let's say you've had a problem with your shoulder and you've got a 10% disability to the level of the shoulder. It is then 10% of that 232 weeks, so 23.2 weeks, multiplied by your workers' compensation rate to arrive at a number. So there's variation in level, where you get hurt, amount of disability, what's the percentage, and then the rate, the rate is two-thirds of your average, weekly wage up to a certain statutory maximum. So the higher wage earner gets a higher settlement based on the same level of disability. So it's based on all of those factors, all of which can depend upon various types of circumstances.

If the 13 weeks before you got hurt, all of a sudden, let's say there was a really slow period and you didn't work 10 hours for two or three weeks. Well, a lot of times the insurance company wants to include that in your 13 weeks. That's not a fair representation of your earnings, and therefore, you get a lot lower number. So you got to know, and that's where we can come in and say, "Hey, no, that's not fair. That's not representative of what this person's made over time. Go back and look at his other wages, or her other wages, and let's get to a number that's representative of really what we're looking at, not a snapshot that involves a slow period or something else."