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Worker's Compensation
What are you entitled to if you are injured on the job?
While every worker’s compensation case is different, there are some things to keep in mind. Any questions should be directed to your attorney, but the following summary is meant to keep you informed of rights you may have and should be aware of.
Benefits:
1. Day of Injury- you should receive your full pay for the day of the occurrence of your injury.
2. Temporary total benefits- (TT) temporary total benefits are benefits due when a person is totally disabled from performing his or her job functions. TT benefits begin on the forth calendar day of disability from work, but if the disability lasts for more than seven days, payment will be retroactive to cover all the days of disability from work. (Other than the day of the injury). The amount you will receive depends of the date of the injury, but for anyone injured after July 1, 1993, weekly TT benefits are equal to 75% of your after-tax earnings for the 52 week period prior to your injury. There is a dependency allowance for injuries occurring before October 1, 1991. Annual cost of living adjustments also exist.
3. Transfer to Suitable work- if you cannot work at your usual job because of your injury, your employer should transfer you to a suitable position, if one is available. Union contracts may determine the employer’s ability to transfer you.
4. Temporary Partial Benefits- if you are released for light duty or restricted work and your employer does not have it available, you will receive temporary partial benefits (TP) while you search for suitable work. You need to complete a weekly job search that includes 5 contacts. TP rate is the same as TT.
5. Wage Differential Payments- if your injury results in your employment in a lower paying job, you may be entitled to wage differential benefits for part of the difference between your old job and your new job. These benefits are at the discretion of the worker’s compensation commissioner.
6. Recurrence or relapse from recovery- if you return to work from an injury, but then have a re occurrence or relapse, you will be again eligible to receive worker’s compensation benefits at your original TT rate or at the TT rate at the time of re occurrence which ever is higher.
7. Disfigurement and scarring- for injuries occurring after 1993, awards are only made for scars on the face, head or neck and other areas that handicap a person from obtaining or continuing work. Awards will be made one-year post injury but not more than two years post injury.
8. Permanent Partial Disability- if your attending physician finds at the time he determines you have reached “maximum medical improvement” and that you have received a percentage disability to a body part, your weekly worker’s compensation benefits will end and you will receive an award of a certain number of weeks of benefits for your % of disability.
9. Vocational Rehabilitation- if you cannot return to your usual work due to a significant impairment, you may be entitled to receive vocational rehabilitation paid by worker’s compensation.
10. Choice of Physician- you have a right to seek treatment for your own doctor after receiving your initial treatment for an employer-designated doctor. If your employer, however, has a medical care plan that has been approved by the worker’s compensation chairman, you must seek care from a doctor who is part of the employer’s managed care program and failing to do so can cut off your benefits.
11. Payment of Medical Bills- all medical bills should be paid by the worker’s compensation insurance carrier or self-employed employer including out of pocket costs for prescriptions.
12. Travel Expenses- in most cases you will be entitled to 15 cents a mile reimbursement for travel to and from medical appointments. Keep a log of your travel.
13. Lost time for medical treatment- if your injury does not disable you from work, but does require continued medical treatment, you should receive such treatment during work hours, if it is available. If it is not, you should be reimbursed for your own time, as if it were lost work time. Lost time should be paid at your usual hourly wage, unless you are receiving weekly worker’s compensation benefits.
14. Continuation of Group Medical and Life Benefits- many employers will continue to pay their share of your medical and life benefits while you are on compensation, but unfortunately a provision of the worker’s compensation act that required them to do so was declared unconstitutional by the United States Supreme Court in 1992. Cobra provides insurance continuation rights. If you have any questions, please ask you attorney.
15. Worker’s compensation benefits are non-taxable with the exception of heart and hypertension benefits for police and firefighters.
This is a basic outline of worker’s compensation benefits and obviously laws occasionally change and every case is different so we encourage you to call our firm for a consultation if you believe you have been injured on the job.
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