I was injured almost two weeks ago and have been in contact with the insurance company. They have accepted my claim and have paid medical benefits but I have heard nothing as to whether or not I will be compensated for work missed. I’m not sure if there is anything more I need to be doing in this calculation of benefits process. My employers have not been able to find work for me to do that would be within the physician’s restrictions and I am getting concerned about paying bills if this process is a long one.
Each state's workers' compensation laws are different, but in general, a worker is entitled to all reasonable and necessary medical treatment for a work injury. He or she is also usually entitled to compensation for a portion of wages lost because of such an injury. A worker's attending physician must generally authorize time off before an insurer is required to pay compensation. Once that is done, the applicable law likely sets a deadline for the insurer to pay temporary disability on an accepted claim. The law may also provide for a penalty for unreasonable delay in paying compensation due. These issues can be quite complex, and I suggest contacting a workers' comp attorney licensed in your state promptly. Check on Avvo or call your state bar association.
This answer is made available by an attorney licensed to practice in the state of Oregon. It is provided for informational purposes only, is not legal advice, and does not create any attorney/client relationship. Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
It should take them less than an hour to calculate your AWW and how much they owe you.
They are just jerking you around. You should probably start interviewing work comp lawyers. You are going to need one.
If you have restrictions and your employer cannot find work within those limits, then you are entitled to payment for lost wages (called temporary total disability, or TTD). It's common for insurance companies to delay, especially when someone doesn't have an attorney. Although they may be nice on the phone, it's their goal to pay you as little as possible. The amount of TTD you're entitled to is 2/3 of your average weekly wage. In some cases, it's a simple calculation; in others, it's complex. You seem to be on the right track, but consider talking to a workers' comp attorney to make sure you're receiving full benefits. They can also calculate the amount you should be receiving. If you have further questions, feel free to give me a call. I can also recommend an attorney in your area if you'd like a referral. 1-800-517-1614. Good luck.
If you were not represented by a lawyer yet, this delay is not an accident. Insurance companies try to "starve" people into submission with foot dragging.
Get yourself an experienced and aggressive workers' compensation lawyer so you have a fighting chance of getting what you deserve.
You need to immediatley consult with an experiecned workers compensation attorney. Your TTD benefts should have started on the day after your injury if your period of disability has lasted more than 14 days. That being said, the calculation of average weekly wage should not be a difficult process. It is certainly possible that the insurance company is stringing you along in the hope you will voluntarily terminate your employment or settle your claim at a severely compromised value.
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