5 Work Comp Benefits for You to Know
Don't let insurance companies take advantage of you! When you are hurt, unable to work, and need to pay the bills, knowing the benefits you are entitled to may help get you through those tough times.
You are entitled to medical care paid for by your employer to help you recover from your injury.Your employer is responsible to pay for any medical treatment you need for your WORK injuries. If your employer refuses to pay for your medical treatment, don*t panic! Many doctors will provide you treatment on a lien basis until your case is resolved. To be treated on a lien basis means that your doctor will not require you to have medical insurance or to pay up front or at the time of treatment. Instead, your doctor or other medical provider will treat you now and wait to be paid after case is completed. At the end of the case, your employer and the doctor will negotiate or litigate the payment of the bill. So do not hesitate to go get the treatment you need right away. Our attorneys are experts at finding you the right doctors to provide you the right treatment.
You can receive Temporary Disability Payments while you are injured and unable to work.Temporary Disability (TD) Payments are recoverable if you lose wages because your injury prevents you from performing your usual job while recovering.
Besides medical treatment, you are also entitled to a portion of your paycheck you would have earned if you were healthy and working. This is usually calculated at two-thirds of your weekly earnings at the time of injury. TD payments are to be made no later than 14 days after knowledge of the injury unless liability has been denied. Typically, TD payments are capped at 104 weeks, or two years of payments. This benefit is called *temporary* disability because you are only paid this until you recover from your injury.
If your injuries become permanent, you are entitled to Permanent Disability Payments.Permanent Disability (PD) Payments are benefits paid to you if you don't recover completely.
Once your doctor says you*ve reached maximum medical improvement (when your treatment basically plateaus with no worsening or benefits despite treatment), a process will begin to determine whether you have any permanent disability and, if so, how much. Doctors and attorneys will determine the percentage of disability, and that will dictate your recovery. There are a lot of guides, rules, and variables that can change your PD rating, so having someone on your side to fight for you would be extremely helpful. PD payments must be commenced within 14 days after the last TD payment is made.
If your injuries prevent you from working in your industry, you are entitled to re-education.Supplemental Job Displacement Benefits (SJDB) are vouchers to help pay for retraining or skill enhancement if you don't recover completely and can't return to the same type of work you were doing before your injury.
If you do not plan to or cannot return to your employer after you were injured, your employer is required to provide you a voucher worth up to $6,000 to use at an approved educational retraining or skill enhancement, or both, at state-approved or state-accredited schools. The voucher covers school tuition, fees, books, and expenses required by the school for training.
Where employee's have died from their injuries, their dependents can get benefits.In the case of serious work injuries, death benefits are payments made to your spouse, children, or other dependents if you die from a job injury or illness. Benefits are paid at the total temporary disability rate, but not less than $224.00 per week. You may be eligible for death benefits if you were totally or partially dependent on the deceased employee for your financial support at the time of the injury, and you were either a member of the employee*s household or were the employee*s close relative. A family member is considered a total dependent if they are a child under the age of 18, adult children who are physically or mentally incapacitated and are unable to earn a living, or a surviving spouse who earned $30,000 or less in the 12 months before the employee's death.
The amount of the death benefit depends on the number of total and/or partial dependents. If the injury that lead to the death of the employee happened after 2005, the amounts for those who were totally dependent on the employee are $250,000 for one total dependent, $290,000 for two total dependents, or $320,000 for three or more total dependents.