Medical Care
- The workers’ compensation carrier should authorize treatment immediately.
Payments for being off work – If you are off work for three consecutive days, on the 4th day benefits should begin. If you are off 14 consecutive days, then benefits begin from the day after your accident. You are paid 2/3 of your gross salary.
Payment for my injury
– Payment for your injury occurs after you have finished all medical care and are discharged from care. There is an exception if you have suffered an amputation. If you suffered an amputation, you should receive payment for your amputation immediately. Failure to pay immediately can result in penalties against the workers’ compensation carrier.
Determining the value of your case is premature unless your doctor discharges you from care or your doctor states you have reached Maximum Medical Improvement (MMI). An accurate and honest estimate of the value of your case does require you to finish treatment or be discharged from care.
Several factors are involved in determining value, such as:
- Diagnosis and treatment you received
- Whether you had surgery
- Amount of time you were off of work
- Whether you can return to your job or need to find a new one
- Whether your new job pays as much as your old job
- Whether you have permanent restrictions
- Whether you suffered disfigurement
- How much money you were earning at the time of your injury
There are essentially four reasons under which you can recover for a work-related injury:- Permanency – You have a right to recover if you injure and sustain a permanent injury to a specific body part.
- Person-as-a-whole - If your work-related injury has caused permanent limitations to the use of your body, you can use this method. Considering your age, occupation, skill, limitation of motion, pain, and inability to perform certain tasks, the Commission will evaluate your physical impairment and the effect of your disability on your life and come up with a percentage for your loss of a person as a whole.
- Wage Differential - If you end up with permanent medical restrictions and your employer cannot accommodate them, you will have to look for a job within your restrictions. If you only find a job that causes you a significant wage loss, you might be entitled to a wage differential payment. For injuries before September 1, 2011, the differential payment is for life. For injuries after September 1, 2011, the differential payment is paid until you are 67 or for five years, whichever is greater.
- Odd Lot Perm Total – Workers who have been given permanent medical restrictions by their doctors and have demonstrated they are unable to find work based on a combination of their permanent restrictions, age, education and lack of transferable skills. An odd lot perm total can render you with a disability payment for life. Settlements of these types of injuries usually result in the largest settlements.
If you suffered a work-related injury, call us and we will put you in contact with an experienced lawyer to help you navigate the law.