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Workers’ Compensation FAQs

Injured workers are always entitled to medical treatment, which includes prescription drug coverage and mileage reimbursement for trips to the doctor. After an employee has missed seven days of work due to the injury, they are entitled to income benefits.

Coverage in workers’ compensation is very broad and includes any injury that arises out of the workers’ employment. This language includes injuries such as: 1) a slip and fall in the company bathroom, 2) a strain or pulled muscle caused by repetitive lifting, reaching, or pulling on the job, 3) a car accident that occurs while driving a company vehicle.

The injured worker has one year from the date of accident to file a notice (through the proper Board Form) with the State Board of Workers’ Compensation. If the employer has furnished remedial medical treatment, then the employee may have one year from the last date of treatment. If the employee received weekly benefits, then he or she may have two years from the date of the last payment to file a claim.

The amount of income benefits is determined by your current salary. Currently, the weekly benefit is two-thirds of your average weekly wage, up to $525.00.

Injured workers should report their injuries as soon as possible. However, a worker is still entitled to benefits if they provide notice within 30 days of the injury.

Generally no. Employers are required to post a list of at least six (6) doctors for injured workers to choose from when they get hurt on the job. This list is known as the Panel of Physicians. The employer is required to inform the injured work about this list and his or her right to choose a doctor for treatment.

When your treating physician releases you to “light duty” the law requires you to return to the job and attempt to complete any work within your restrictions. An injured worker must attempt to do the light duty task for at least eight hours. Normally, if you attempt the light-duty position, but are unable to do the job, your income benefits should re-start.

This is a very common question. If you have been injured on the job, it is always best to seek legal representation as soon as possible. The attorneys at W. Calvin Smith, II, P.C. will help you navigate the workers’ compensation system and ensure that you are treated fairly by your employer and insurance company.

Yes. If you are the spouse or dependent of someone who perished due to a workplace injury you may be entitled to burial expenses and weekly support benefits of up to $525.

The answer is likely yes. Unlike other areas of the law, Workers’ Compensation is a “no-fault” system. An injured employee need only show that their accident arose out of their employment. Therefore, even if a worker is injured because of their own carelessness, they are generally still entitled to benefits.

Yes. As long as your injury is one covered by the Workers’ Compensation system, you are entitled to income and medical benefits even if your employer terminates you.

Unlike other benefit systems, such as FMLA, entitlement to Workers’ Compensation benefits begins your very first day on the job and does not discriminate against new employees. Furthermore, even if you in the “probation period” at your place of business, you are entitled to receive Workers’ Compensation benefits.