Benefits Or Compensation To Which Injured Workers Are Entitled

Section 5. Benefits Or Compensation To Which Injured Workers Are Entitled

There are three types or areas of benefits or compensation from Workers Comp:

1. Medical Care

For injuries covered by workmens compensation, your employer is responsible for paying 100% of the bill(s) of the medical providers (emergency room, hospital, doctor, physical therapy, etc.) to which your employer sends you. Payment for medical services is paid directly to the medical provider and not to you. While some employers are "self insured" and pay the medical bills themselves, most employers have workers compensation insurance which pays the medical bills.

Employers are generally responsible for paying future medical bills as well as current medical bills. Sometimes, when settlements are reached, the employee actually assumes the responsibility to pay the future medical bills, if there are any. If you do reach a workers comp settlement, be sure that you understand who will pay for future medical treatment if you need it.

2. Temporary Total Disability (This occurs when the doctor tells you not to work due to your work injury.)

State laws vary, but if you miss work due to a work injury, you are generally entitled to be paid. In most states, the amount that you are paid ranges from one-half to two-thirds of your normal pay. Workmans compensation benefits are not taxable. Some states have requirements such as your missing work for certain amount of time (example 7 days) and then you receive temporary total disability.

As a side note, if your doctor puts you on light duty and your employer has light work for you to do, then you must do the light work in leu of receiving temporary total disability. If your employed does not have light work for you, then per doctor's orders, you do not work and draw temporary total disability.

3. Vocational Rehabilitation, Permanent Disability, and Disfigurement

This third group includes everything that is not either a medical bill or compensation for missed work due to doctor's orders. If your injury prevents you from doing your normal job in the future and you need to learn new skills for a new trade, then you are entitled to vocational rehabilitation. If your injuries prevent you from working again in the future, then you are entitled to permanent total disability. And if your injuries leave you scared, then you are entitled to be compensated for disfigurement.

As a side note, you are not entitled to be compensated for "pain and suffering" under a workers comp claim. In a standard negligence case such as a car accident, you are entitled to "pain and suffering", but not under workers compensation.

This ebook is for general information only and may or may not be applicable to your situation. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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