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If you have suffered from a work injury, you’re most likely eager to know how much and how long the workers’ compensation benefits will pay. There are several factors that determine how much you receive and for how long, including the severity of injuries, whether or not a case is open or closed, and the amount of lost income as a result of the injuries. Workers’ compensation attorneys can help victims determine the value of their injuries and reach a fair settlement.

Open Claims

When a workers’ compensation claim is open, benefits largely depend on an injury victim’s ability to work again. If you are unable to work as a result of your injuries, you are most likely eligible for time loss compensation benefits, with the amount depending on your income at the time of injury. Time loss benefits are paid normally around twice per month, although that time period may change depending on state rules. Benefits will probably be less than what you made while working. Workers’ compensation lawyers can help ensure that claimants receive the maximum time loss benefits available.

While not available in all states, “loss of earning power” benefits help workers that are capable of working temporarily—in lower-paying positions—after suffering work injuries. Employers will pay some of the difference between what the worker was making before the injury and what they receive following injury.

Medical bills are also covered in open workers’ compensation claims as they are incurred, although they will not affect the amount paid in time loss benefits or “loss of earning power.”

Closed Claims

Closed claims are required to meet a specific set of circumstances in order for victims to receive continuous workers’ compensation payments. The three situations are as follows: claimants who are declared permanently and totally disabled with a given pension, claimants who are declared partially permanently disabled with entitlement to weekly permanent disability payments, or victims who have entered into a structured settlement.

Outside of those three circumstances, individuals with closed claims will not likely receive any weekly or monthly compensation.

If you believe you have a workers’ compensation case and would like to seek compensation for injuries, workers’ comp attorneys will be able to help determine how much you can recover and on what basis.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

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    - Cheryl Wagemann
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