What Benefits Does Workers’ Comp Provide?
1. Medical Care – the reasonable expense of medical care necessary to treat a work injury or illness. This includes visits to the doctor, hospital bills, medicine and prosthetic devices. 2. Temporary Total Disability Compensation is paid for the time a doctor determines the injured worker is unable to do any work because of a work injury or illness. However, no compensation is paid for the first 3 days after an injury or illness unless the disability prevents the injured worker from working for more than a total of 14 days. In that case, the injured worker will be paid for the first 3 days of disability. This type of compensation ends when they return to work or reach medical stability. 3. Temporary Partial Disability Compensation is paid if a work injury or illness prevents the injured worker from earning his or her full regular wage while recovering. For example, if the injured worker works fewer hours or works at a light-duty job that pays less than their regular job, they are entitled to temporary partial disability compensation in addition to wages. 4. Permanent Partial Disability Compensation is paid if the work injury or illness leaves the worker with a permanent impairment. This compensation begins when a doctor determines that the worker has reached medical stability; the duration of this compensation is determined according to an “ impairment rating” provided by a physician. 5. Permanent Total Disability Compensation is paid if the work-related injury or illness leaves the worker with a permanent disability that prevents a return to his or her former work or any other work that is reasonably available to the worker. 6. Benefits in Case of Death. If an employee dies from a work injury or illness, workers’ compensation will pay up to $9,000 for funeral and burial expenses. Also, the deceased worker’s spouse, dependent children, and other dependents may be entitled to monthly payments. How Long Will I Receive Workers’ Compensation Benefits?
Workers’ comp benefits are in 3 categories: 1. Medical care 2. Temporary disability payments 3. Permanent disability payments Your medical care is covered for as long as you have issues with whatever body part was injured. If you tore your rotator cuff, you would receive medical care, surgery, physical therapy, and on-going care, if necessary. Temporary disability is to replace the missed wages you have for any days of work missed due to your injury. Basically, it pays 2/3 of your average weekly wage while you are unable to work. Permanent disability is compensation for the amount of permanent impairment that remains after treatment. For example, if you have surgery on your shoulder, it will likely not be 100% afterward. You would receive compensation for the percentage of permanent disability that remained after treatment had brought you to a medically stable condition—maximum medical improvement (MMI)—which is the point where you are not getting worse, but also not likely to improve much physically. There is also compensation for death and for permanent total disability if those are the results. I Don’t Think My Workers’ Comp Pay Is Correct. How Is It Calculated?
Your wage replacement under workers’ compensation is calculated at 2/3 of your average weekly wage (AWW). You also may receive $20/week additional for your spouse and each dependent child (up to 4 max). Your AWW is calculated in many different ways depending on how you normally got paid, whether you have overtime, if you have two jobs, etc. Unfortunately, the insurance carriers often calculate the AWW to pay you as little as possible. It is best to obtain 12 months’ worth of payroll records showing hours worked, overtime, bonuses, seasonal pay, etc. Your attorney can help you determine if you are being paid the highest rate possible for your injury. Can I Get Unemployment While I Am Injured?
If your workers’ comp claim includes disability payments, then it is unlikely that you will also be able to claim unemployment while injured because, for unemployment benefits you must be “able and available for work.” If you are terminated and your doctor has released you to return to work either completely, or with restrictions (i.e. light-duty work), then you should be able to qualify for unemployment benefits. Of course, if you have been terminated and your workers’ comp claim has been denied, then you will most likely qualify for unemployment benefits. Your specific situation may need to be analyzed and it is best to seek the opinion of an attorney. My Employer Says They Are Not Going to Keep Providing Health Insurance While I Am Off Work From My Injury. Is That Legal?
Utah law does not require an employer to continue medical insurance while an employee is off work and receiving workers’ compensation benefits because of a work place injury or illness. The Family and Medical Leave Act (FMLA) provides for a certain amount of time where an employee can keep their job and health insurance, although the employee may still be required to cover their portion of the premiums. I Work Two Jobs. Do My Workers’ Comp Wage Payments Compensate Me for the Loss of Both Incomes?
Yes, the workers comp wage payments compensate me for the loss of both incomes. The combined compensation for both jobs cannot exceed the state average wage ($916/week as of January 2020). Does the Americans With Disabilities Act Apply to My Work Injury?
The Americans with Disabilities Act does not apply specifically to workers’ comp. You may be able to receive training and rehabilitation skills in order to be accommodated at a different position or job as part of your claim. You may also qualify for Social Security Disability benefits. It is advisable to consult with your attorney regarding any additional benefits you may qualify to receive. The Americans with Disabilities Act (ADA) makes it unlawful for an employer to discriminate in employment against a qualified individual with a disability. The ADA requirements only apply to employers with 15 or more employees. Whether an injured worker is protected by the ADA will depend on if the person meets the ADA’s definition of an “individual with a disability.” The person must have an impairment that substantially limits a major life activity, have a “record of” or be “regarded as” having such an impairment. Also, she/he must be able to perform the essential functions of a job currently held or desired, with or without accommodations. Not every employee injured on the job will meet the ADA definition. How Much Is My Case Worth?
Most cases can be settled to avoid lengthy litigation. Your case is only as good as the evidence that can be accumulated. Most cases are disputed over medical evidence regarding how severe the injury is or whether your work accident was the cause of your injury or current treatment needs. Either way, it comes down to how strong is your doctor’s record. Your case is worth the cost of medical treatment plus your missed wages plus the amount of permanent disability. Workers’ compensation cases are valued based on the amount of wages you were earning when injured, so the same injury on two different people can be worth very different dollar amounts. Your free case evaluation can include an estimate of the value of your claim. A denied claim is worth $0–until you decide to fight it. Our goal is to get you taken care of medically and get the highest amount of compensation possible for your injury.