Workers’ Compensation: The Basics
Workers’ Compensation is extremely complicated. When you are injured at work, the last thing you want to do is spend countless hours trying to figure out how all your medical appointments get paid and how to apply for benefits. Here is a summary of the three main things you can expect when you file a workers’ compensation claim.
1) Lost Wage Benefits –When you are injured at work, and you miss more than seven days on the job, you are owed lost wage benefits that are intended to replace the income you lost because you were injured. There are many kinds of lost wage benefits, but the most common benefit is temporary total benefits. These benefits compensate you for the time you are totally disabled and temporarily unable to work. Your benefit will be calculated based on your average weekly wage. There are many exceptions and caveats to this, but you can generally plan on receiving at least 66% of your average weekly wage as a weekly benefit. There are no withholdings on this benefit, so your take-home pay is usually comparable to when you work. One of the main purposes of this benefit is to ensure you are not rushed back from your injury before it has fully healed.
How do I maximize my lost wage benefit?
2) All Medical Services Paid –
When you suffer a workers’ compensation injury, you will need medical treatment to heal. This can frequently mean surgery, doctor’s visits, specialist consultations, and physical therapy. Once your claim is approved, the state should pay for every penny of your care for the work injury. One important note to remember is that you have the right to pick your own doctor. Many employers will send injured workers to an employer-biased medical service provider. Do not allow your employer to pick your doctor, especially a doctor who is employer-biased and will rush you back to work before you are ready.
How do I pick the right doctor?
3) The Lost Payment: Ensuring Your Permanent Partial Disability Payment –
The majority of injured workers without attorneys do not know about—and don’t file for—the final lump sum payment almost every injured worker has a right to, and that is your permanent partial disability payment. It can be a couple of hundred dollars, a couple of thousand dollars, or tens of thousands of dollars, depending on a number of factors. After you have either healed from your injury and returned to work or reached the maximum improvement modern science can achieve, the clock begins. Once six months pass, you can file for a permanent partial disability payment. The purpose of this payment is to compensate you for the impact the injury had on your life. If you used to be able to throw a 90-mph fastball and now you cannot lift your arm above your shoulder, this impacts your life, and a significant lump sum payment should be made. The size of your lump sum payment is decided by doctors who examine your injuries and determine what percentage of your livelihood is impaired. Having an attorney can greatly improve the likelihood that you will get a large permanent partial disability payment. If you have any questions about workers’ compensation or want to secure the services of an experienced and knowledgeable attorney, do not hesitate to contact the Hurm Law Firm at (216) 860-1922.
