4 Types Of Workers’ Compensation Benefits Injured Employees Could Be Entitled To
There are two categories that workers’ compensation benefits
will fall under:
- Medical benefits
- Indemnity benefits for lost wages (vocational rehab or disability pay)
4 Primary Benefits Given
To Injured Workers
The majority of state laws on workers’ compensation provide four
benefits to injured employees.
1 – Medical Care
A person who has been injured on the job has the right to seek medical
treatment to fully treat or relieve injury effects. Medical care will
involve medical bills, prescriptions and possibly hospital mileage.
Some plans may require a person to use the company doctor for a maximum
of 30 days (one month). After this time frame, the patient can request
another doctor but it must be made in writing.
2 – Temporary Disability
If you person has been injured on the job and must take time off from
work to recover from it, he/she could receive temporary disability
payments, which is compensation for wages lost. There are limits to the
pay rate for temporary disability but it’s generally two-thirds the
employee’s weekly gross pay. The way this benefit works is that a
doctor must verify the employee’s inability to work and it must be done
every couple of weeks.
3 – Permanent Disability
If an employee is unable to entirely recover from the injury’s effects,
they could receive a monetary award for the permanent
disability. When a person is permanent disable, it means they
have lost some or all of their ability to compete in the job market
alongside “healthy” workers. How much permanent disability payments are
will depend on several mitigating factors such as:
- Age
- Type of job
- Earnings when injured
- Limitation of activities due to injury
4 – Vocational Rehab
If your injury keeps you from getting back to work, vocab rehab – if
included in the benefits – could help you to attain another job. During
this time, you’ll be eligible for partial income (similar to what you
get with temporary disability). There is a maximum monetary limit to
the vocational rehab and could be replaced with an employer’s offer for
another position in the company.
What Will Happen Upon
Going Back To Work
If an employee goes back to work and earns wages that are greater than
or equal to what they were making before the injury, workers’
compensation benefits are likely to be terminated. If an employer still
suffers with a wage loss because of the injury, they may still qualify
for benefits. Two possible benefits include:
1 - Temporary partial – These are disability benefits that are payable
to an injured employee who has suffered a workplace injury and is
disabled temporarily but can still earn a wage in spite of
it. The benefits are typically based on a percentage
difference between the employee’s before injury wages and his/her post
injury wages.
2 - Temporary total – These benefits are given to injured employees who
cannot work in any capacity because of the injury. The temporary total
benefits are typically based on a percentage of the before-injury
earnings the injured employee was making.
Should You Get A Workers’
Compensation Attorney Involved
If you are injured on the job, it’s imperative that you file the
workers’ compensation claim right away. Should anything be disputed in
regards to that claim, you can hire an experienced workers’
compensation lawyer to help you with the process. After all, they can
tell you what the law does and does not allow and what your rights are
in case you have to go to court.