Benefit payments should start a short time after the workers' comp insurer receives notice of your claim, investigates and determines you're eligible.
Generally, both the employee and the employer and its insurer can seek an appeal, which is usually heard by the state's high court. Rules for appeals vary by state, and help from a workers' comp attorney will be needed.
Yes, such expenses are generally covered. You may have expenses for travel, prescriptions and supplies, which may be covered under your state's laws.
You might be required to attend a vocational rehab program. You may lose your temporary total disability benefits (TTD) if you don't go, and it may be needed if your employer doesn't have a job geared to your medical restrictions.
Benefit payments aren't taxed because they aren't considered earned income under tax laws.
This does happen, and it's best to contact your workers' comp attorney as soon as you can.
Death benefits vary by state, and are paid to the spouses and children of workers who died due to work-related injuries. It's important to seek help from a workers' comp attorney to make sure the benefits are calculated correctly.
If you're receiving TTD benefits, you'll get a percentage of your average weekly wages, and payment for your medical expenses.
To calculate your average weekly wages, divide the amount of your earnings for the 52-week period before your accident happened by 52. Treatment of overtime varies by state, but when counted is included at a straight-time rate.
Payment of benefits for lost income can be a complicated issue, so you may want to seek help from your attorney. This issue depends on the facts of your case, and generally your first employer had to know about your other job. You'll need to provide proof of your lost wages.
You receive TTD benefits if you have a work-related injury, but you expect to be able to go back to work. TTD is intended to replace part of your lost wages, with benefits based on a percentage of your usual wages.
You can receive TTD payments while recovering from your injury until you can return to either your regular work or light duty work.
This is when a job-related accident causes a lasting disability, preventing you from going back to work at your full physical capacity. Loss or loss of use of a limb is a good example.
Your attorney usually receives a percentage of the settlement of your claim. The attorney is paid at the end of your case. Ask your attorney to explain how fees will be handled in your case.
Be sure your employer properly reported your injury to its workers' comp insurer, and you've given all medical documentation to back up your claim. Contact the insurer for an explanation why your aren't receiving expected benefits. You can seek help from an attorney if you don't get an answer.
You can receive both types of benefit payments, but total payments are limited to 80 percent of the income you earned before you became disabled.
If there's work your employer can offer and it's within the limits of your medical restrictions, you must attempt to do the work. You're entitled to temporary total disabilty (TTD) payments if there's no such work available.
If you can't work due to a work-related injury, your state's TTD benefits should be used, and not your vacation time.
Once your claim is settled, there's no further payment for your medical expenses by the workers' comp carrier. So, your claims shouldn't settle until you've completed medical treatment for your injury. Also, the insurer isn't required to offer a settlement. If an offer is made, review the offer with your attorney before accepting it.