12 Workers Comp Claim Facts Everyone Should Know

Tarun Sridharan Legal Editor & Attorney Contributor Read Time: 3 minutes

12 Workers Comp Claim Facts Everyone Should Know

Every year, millions of people get injured at work. By law employers are required to purchase workers comp insurance to cover their employee’s injuries. Under workers comp employees injured in the workplace may be eligible for benefits. In order to obtain these benefits they must report the injury to their employer and file a workers comp claim.

If you get hurt at work, the following are 12 workers comp claim facts everyone should know:

  1. If you are injured at work, you could be eligible for workers’ compensation benefits. There are five types of workers comp claim benefits: medical care, temporary disability, permanent disability, supplement job displacement and death benefits.
  2. You must file a workers comp claim within 30 days of a work injury, or you could lose your right to receive workers’ comp benefits.
  3. A claims administrator is required to authorize up to $10,000 in medical treatment one day after you file a workers comp claim with your employer.
  4. If you disagree with the diagnosis and treatment plan prescribed by the Medical Provider Network (MPN) doctor, you can get a 2nd and 3rd opinion from a different MPN doctor.
  5. An impairment rating is a percentage estimate of how much normal use of your injured body parts you’ve lost. It is based on guidelines published by the American Medical Association.
  6. Temporary disability pays up to two-thirds of your gross (pre-tax) wages, with a maximum amount of $1010.50 per week.
  7. For an injury sustained after January 1, 2008, you could receive temporary disability benefits for a maximum of 104 weeks within a five-year period.
  8. Permanent disability benefits vary, and are based on a disability rating, date of injury and your wages.
  9. Permanent disability benefits are paid after temporary disability ends and after your doctor determines that the injury has had a permanent effect on your ability to work.
  10. There are two types of permanent disability settlements: a compromise (a lump sum payment with no further payments for medical care) and a stipulation (payments made over time, including payment for future medical treatment).
  11. It is illegal for an employer to discriminate against you because you have filed for workers’ compensation benefits.
  12. An attorney can be a tremendous help in ensuring that you get the maximum benefits allowed for your type of work injury.

Free Workers Comp Claim Consultation

If you suffered an injury at work you have rights.

Don’t be afraid to take action, it is against the law for your employer to retaliate. Filing a workers comp claim is similar to filing an insurance claim and isn’t a lawsuit against your employer. Think of it more as a request for benefits.

Make sure you file your claim as soon as possible. The time you have to file a claim after your injury is limited and filing late could affect the benefits you are eligible for.

Our workers’ comp attorneys can help ensure that your claim is filed correctly and on time. Having a lawyer on your side greatly increases your chances of receiving maximum benefits from your workers comp claim. Call today for a free consultation.

Our offices are open 24 hours a day, 7 days a week, so we can assist you no matter when your accident occurs.

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