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    Average Value Of A Workplace Elbow Fracture Claim

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    California continues to be one of the nation’s fastest-growing states in terms of population. Currently, there are more than 38 million residents, and that leads the nation. Over half of that number are employed, and with the different employment opportunities available, there are continued increases in worker’s compensation injury claims each year. An elbow fracture is one of these injuries, and the extent of this kind of injury can vary quite a bit when it comes to determining the amount of damage that is done. Similar to slip and fall accidents, it occurs often, and sometimes the elbow fracture injury results in the employee having a long-term disability.

    There are some injuries and jobs that have a bigger chance of permanent damage. Most of these jobs also have an injury type that is associated and understood. People know what the risks are. An elbow fracture is a kind of injury that happens across many different jobs because it is caused by many different types of accidents. One question that the Normandie Law Firm gets from our clients is what the average value of a workplace elbow fracture claim is. There are quite a few different things that factor into how much the claim value will be.

    Any claim value is going to be the sum of the same items, specific to the individual claim and independent of the role or job being done. Not every claim will have every item, or have the same monetary value in each category. When it comes to the question of the average value, the indemnity value of the claim is the information that people are really interested in. What has the most significant impact on a worker’s compensation claim value is going to be any kind of disability caused by the accident. The following items change the value: the employee’s salary and age, especially when a disability is present. Being unable to return to work in the same job or industry, potentially causing a dramatic decrease in earnings, will send the payment towards the higher end of the average value.

    If you are hurt while working and have an elbow fracture injury, what affects your payout for temporary disability is the severity of your injury and your salary. In 2025, the maximum weekly payout is $1,680.29. This number will not exceed 66% of your current income. Being on disability for any duration can introduce some hardships, as very few people can suddenly take a 33% pay cut. Most insurance companies are going to work for you as the coverage is generally paid by you, or the company is working to protect their insured, and of course, the insurance company’s bottom line. Worker’s compensation is the same, in that they are your insurance company, though you didn’t make the premium payment. Worker’s comp insurance is similar to private insurance in that it also focuses on the cost of benefits, but for a slightly different reason. An essential difference between the two is that private insurance companies are attempting to turn a profit and generally approve claims largely based on liability and coverage, whereas worker’s compensation will, by default, cover the claim. The worker’s comp program will still work to try to limit what they need to pay out, though.

    When you have filed a worker’s compensation claim and are curious as to what the payout value might be, please contact the team at the Normandie Law Firm. Our legal professionals can give you some insight into the estimated value based on the factors we mentioned earlier, and can share the averages they see in injury settlements like yours. We are highly experienced when it comes to worker’s compensation claims, and the staff is focused on helping people get the benefits they deserve, especially in claims where a client might be dealing with an injury like an elbow fracture and what might become a disability, affecting their lives and the lives of their family for years to come.

    The goal is to gather all the details of your accident and answer your questions. This will help us understand your current needs and how we can work to meet them. If we cannot answer all of your questions during our first call, we will schedule you for a free initial consultation with one of our lawyers who can speak with you about the average value of a workplace elbow fracture claim. In our first meeting, the legal team at Normandie Law Firm will address the remaining questions you have and assess the claim for the benefits you need immediately. The next area we will work on is what your future needs might be. This is where our decades of experience benefit you the most. The Normandie Law Firm has helped our clients with elbow fractures obtain the benefits they needed and deserved. If you haven’t already filed a worker’s compensation claim, the first thing we need to tell you about is the time limit to file a claim with worker’s compensation.

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    What Is The Time Limit To File Your Worker’s Compensation Claim?
    Here in the State of California, the time limit is thirty calendar days to get a claim filed with worker’s compensation. The time limit begins to count down starting on the day of your injury accident. If the time limit expires before you complete the claim filing, worker’s compensation will not accept the claim. If you find yourself approaching the time limit, please call the Normandie Law Firm immediately. We will help you get the filing process started and the claim filed in time to ensure you get the coverage you are entitled to.

    There are some exceptions to the standard time limit, one of which is cumulative trauma. Sometimes an injury can be diagnosed as a result of cumulative trauma. What cumulative trauma means as a diagnosis is that the injury occurred over time instead of a single event, and often with repeated motions that might cause pain but might be minor and not treated. Cumulative trauma injuries have a one year time limit to get a claim filed. This time limit begins on the first day of work missed because of the pain or treatment of the injury. All cumulative trauma injuries should be diagnosed by medical professionals and documented for the claim process.

    How Does An Employee Get An Elbow Fracture Injury?
    An elbow fracture can occur in a few different ways. The severity can be quite different depending on the ability to repair the fracture and how well someone heals. When you review the list of actions and hazards that can cause an elbow fracture, it begins to make sense why it can be challenging to determine what the value is based on just the type of injury. The elbow fracture can be caused by:

    • An unexpected fall on an outstretched arm and elbow joint caused by a common hazard like a slip or trip and fall due to a slippery floor or tripping hazard present
    • A very traumatic impact or direct blow, or blunt force trauma to your elbow from a long fall from height, or a collision of some kind
    • A crush injury that might occur in a machine shop or any kind of manufacturing facility where equipment squeezes the joint to the point of disintegration, often called a caught in between accident

    It is also important to note that an elbow fracture can be slight and will often go unnoticed. While it is difficult to experience an acute fracture, the joint and ligaments might be damaged over time. This may lead to a weakness that can turn into a fracture, as any of the three bones that make up the elbow can fracture. If you have any kind of injury, you should get it examined as soon as you can. The earlier it can be detected, the better the chance it heals without any long-term impact.

    What Are The Benefits Offered By Worker’s Compensation Insurance?
    Below is a list of some of the key benefits offered by the worker’s compensation insurance program when you experience an injury accident at work. They include, but are not limited to, the following:

    • A total of 1 million dollars per incident for any medical care costs like hospitalization and emergency room treatment, services by a specialist, the cost of prescription and over the counter medicines, any ongoing treatment or rehab, and the costs of any medical devices like slings or a brace
    • If you cannot return to work until you are recovered, you will get 66% of your regular weekly income for short-term disability up to 104 weeks in most cases
    • If you end up with a permanent disability from your accident, the program provides long-term disability payments for the rest of your life that are equal to 66% of your weekly income the day you were injured, up to the maximum payout value at the current time.
    • If you are unable to return to work in the role you worked in before the accident, the program offers vocational training in a new skill or role

    The Average Value Of A Workplace Elbow Fracture Claim
    When it comes to elbow fracture injuries and what the settlement value of the case is going to be, they do vary a lot. The numbers across the cases spanning all types of injuries will average between $20,000 and $100,000. Normandie Law Firm knows that what influences the value the most is the extent of your injury and disability when applied to the indemnity portion of the payout.

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    Am I Allowed To Sue My Employer Because I Have Been Injured?
    You can sue your company even if you have filed a claim with worker’s compensation, but there are some circumstances that need to be met for the lawsuit to be accepted. Typically, when filing and collecting on a worker’s compensation claim, you are not allowed to sue your employer after being injured at work.

    The specific circumstances surround the behavior of your employer. If they can be shown to have committed gross negligence, you can file a personal injury lawsuit in addition to your worker’s comp claim. The definition of gross negligence is willful misconduct or reckless disregard for others’ safety. Employers are responsible for maintaining a safe workplace at all times. If the employer’s actions can be found to meet that definition, you will likely win your lawsuit.

    What Will The Upfront Costs Be To Hire The Normandie Law Firm?
    There will be no upfront costs when you hire a Normandie Law Firm lawyer. When we represent you in a claim or lawsuit, we bill you only after successfully resolving your claim or winning your lawsuit. If we do not win, we will not bill you. Please reach out to the Normandie Law Firm if you need help with your elbow fracture worker’s compensation claim or lawsuit. We are here to help you.

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