Workers' compensation laws make sure that employees who are injured on the job receive medical benefits and paychecks while they are recovering. The laws are available to citizens as well as non-citizens (aliens, both legal and not).
When things go smoothly in a workers' compensation case, medical benefits and paychecks begin on the eighth calendar day after your injury. But things don't always go smoothly, and it sometimes takes extra effort to receive what you're entitled to.
An attorney can be of great help either way -- either to make sure you're getting everything you should or to initiate or correct the compensation process if it has been denied you.
Here are the important things to know about Workers' Compensation:
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You must report your injury to your employer within 90 days of the accident.
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To be eligible for workers' compensation, your employer must have four or more employees.
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Your employer or insurance company determines where you will receive treatment.
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Medical benefits typically cover doctor visits, prescriptions and, in some cases, transportation to and from appointments.
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Weekly paychecks typically equal two-thirds of your average weekly wage for the past year, up to the maximum compensation rate for the year. If you haven't been with your employer for a full year, paychecks are generally averaged. Wages from a second job, if you have one, are also used to determine pay.
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Weekly paychecks are not subject to federal or local taxes.
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You can continue to receive medical benefits until your doctor says you are as well as you can be, a condition called maximum medical improvement (MMI). You may be able to receive continuing medical benefits after reaching MMI depending on your condition and whether continuing medication or doctor visits are necessary.
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You may be able to be reimbursed for the cost of future surgeries, hardware, or another resulting impairment. The extent of the impairment has a significant impact on the compensation you are entitled to.
It's always a good idea to report any accident you have at work to your employer even if you don’t think you’ve been hurt. If you’ve been injured in a work-related accident and you need help to get the benefits you deserve, call Vitetta.Sarji Law Group for a consultation.