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Workers' Compensation - What to Know if You Get Hurt at Work

August 1, 2017

By: Marianne Henry Saylor

If you suffer an injury, as a result of an accident or repetitive activity at work, you should immediately give notice to your supervisor. You should report an injury even if you do not anticipate missing time from work. When you report your injury to your supervisor, you must give specific information that your condition was caused by your work activities.  It is not enough to say you are hurt or have to go home.

Sometimes, an injury does not become significant for a few days or weeks later, you can still report your injury. Under the law, you have 120 days to report your injury. However, you receive the best protection if you report your injury within 21 days.

Workers' compensation benefits are paid by private insurance companies that represent your employer. While the Bureau of Workers' Compensation (a state agency) administers the system, it does not make the determination as to whether you are entitled to receive workers' compensation benefits. Under the law, the workers' compensation insurance company has 21 days to decide whether they agree you suffered a work injury. Even if your claim is accepted by the insurance company, there are a number of ways the insurance company can limit its responsibility to you, such as, describing your injury improperly or calculating the amount of your benefits incorrectly. To ensure that you are not being taken advantage of by the insurance company, it is advisable to contact a certified workers’ compensation attorney at Willig, Williams & Davidson to review your paperwork.

If you suffer a work injury, you are required to treat with a doctor who is listed on the Workers’ Compensation Panel for 90 days from the date of first treatment.  Once the 90 days is up, you can treat with whichever doctor you believe will provide the best care for your injury.  Workers’ Compensation should pay 100% of the medical expenses associated with your injury.

If your injury causes you to miss time from work, you will be entitled to received wage loss compensation at the rate of 2/3 of the average of the weekly earnings before your injury.  The first week of missed time is not covered unless you are out of work for more than 14 days.  If you are out for more than 14 days, you will be covered from the first day missed. 

If you have any questions about a work injury, contact the certified Workers’ Compensation Attorneys at Willig, Williams & Davidson for a free consultation at 866-413-COMP (2677)

Some Workers’ Compensation Facts:

  • When calculating your benefit rate, your employer must include overtime earnings, shift differentials as well as base pay.
  • Benefits should be paid at the same frequency as you received your paycheck.
  • You are entitled to partial benefits if your injury causes you to earn less after a work injury. This typically happens if you often work overtime before an injury and cannot work overtime after an injury.
   
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