Are You Seeking Workers Compensation?
If you are injured at work, it can pose serious repercussions to your livelihood. Knowing that the law provides you with certain rights is key when filing for Workers Compensation benefits. At times, these rights are disregarded by employers and insurance companies, which means that you may not receive the full outcome of what you deserve.
The rights that you may be entitled to are:
- Workers Compensation wage benefits while you are disabled
- Medical benefits to pay for treatment
- Travel reimbursement associated with medical treatment
- Vocational rehabilitation if you are unable to return to your job
- Supplemental Earnings Benefits (SEB) if you are unable to earn 90% of your pre-injury average monthly earnings
- Monetary penalties if your benefits are not paid in accordance with the law
Wage benefits compensate you for a portion of your income loss during the time that you are unable to work due to your injury. The benefits are 66% of your average weekly wage for four full weeks immediately preceding your accident and is subject to a statuary cap.
Medical benefits are provided for all treatments medically necessary and related to the job injury. At the insurance company’s expense, you have the right to be treated by a doctor of your choice. You should continue to receive medical care until you have reached maximum medical improvement.
Travel reimbursement is compensation for travel to and from medical appointments related to your injury that you are paid back for. You should accurately document each visit and include the date, where you went and for what, milage and any other legitimate costs you incur while traveling for medical attention.
Supplemental Earnings Benefits (SEB) is available if you are not able to earn 90% of your pre-injury monthly earnings. SEB will pay 2/3 of the difference between your pre-injury and post injury average monthly earnings, up to your statutory cap. This will help compensate for some of your monthly earnings that were lost due to the injury, even after you return to work.
Vocational Rehabilitation is paid for by the insurance company, and is a service provided to assist you in finding another job if you cannot return to your pre-injury employer. You should be able to get the most our of their services, but often the rehab counselors are trying to help the insurance company reduce or cut off your benefits. Even if you are working with a vocational counselor, you should keep your own record of job searching activities. This will help you keep track and be prepared to dispute the vocational counselor regarding whether jobs they identified were actually available.
If you are treated unjustly or denied benefits from your employer or the insurance company you may be able to recover monetary penalties against the insurance company or employer. It is possible that the insurance company may have to pay for your attorney fee.
