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What is Workers' Compensation?

Worker's Compensation is a no fault program that compensates employees who are injured while on the job. In order to be entitled to Worker's Compensation benefits, the employee must show only that the injury occurred at work. The employer is responsible for certain benefits.

What should I do if I am injured at work?

The first thing you should do is notify your employer in writing that you have been hurt. You must give notice of the injury within 30 days after the injury. You must tell your employer the time, place, nature and cause of the injury. When you give notice to your employer in writing, include your address and sign and date the letter. Be sure to put a date on the letter and KEEP A COPY!

What benefits can I receive on Worker's Compensation?

Worker's Compensation provides for the following three benefits:

• Medical benefits related to your work injury.
• Temporary Pay (2/3rds of your pay until you go back to work or get a doctor's release)
• Permanent Disability (if applicable)

What should I do and when should I start getting checks after I am injured?

The law states that you may receive benefits only when an authorized Worker's Compensation doctor has taken you off work for seven consecutive days. If you have been out of work for seven consecutive days and the insurance company has not been paying you, then you should do the following:

1. Notify the insurance company in writing
2. Get a written excuse from your physician stating you cannot return to your job
3. Send a copy of the doctor's excuse to your employer

How much should my weekly check be?

The amount of money you get for Worker's Compensation is based on your past wages. The amount of pay is 66% (2/3rds) of your past wages averaged from the last year.

Will I loose my job due to this injury?

Your employer cannot lawfully fire you simply because you have had a work related injury or filed a Worker's Compensation claim. However, if you have a serious injury that prevents you from doing your job, you may have to look for a different job.

Do I have a choice of doctors?

You can choose a doctor from a list of three doctors that must be provided by your employer. If you decide to change physicians, you should contact either your employer or insurance company and request that they provide you with a second opinion from the original list of doctors. If your employer refuses to give you a list of three doctors then you should call the Worker's Compensation insurance company. If that does not work, you should contact the Department of Labor or an attorney.

Do I have to see their doctors?

Yes. If you want your medical treatment to be paid for by Worker's Compensation, you must see their doctors.

Do I have to see their doctors?

Yes. If you want your medical treatment to be paid for by Worker's Compensation, you must see their doctors.

What medical benefits can I get?

You are entitled to have all reasonable medical bills, prescription medications, surgeries, physical therapy, mileage (if more than 30 miles round trip at one visit) and any treatment prescribed by the authorized doctor, paid by Worker's Compensation. This does not include medical bills or prescriptions unrelated to your accident.

How much will I get for my claim?

The amount you will get for your claim is based on many factors. You must first have a doctor to state that you have a permanent injury. If you have had serious surgery or been severely injured you probably have a permanent injury. Your disability amount will be determined based on whether you can return to your job, your job restrictions, the rating a doctor gives you, your age, education and work experience. We can not tell you how much you will get until a doctor releases you. We analyze all of these factors to maximize your claim.

Won't "they" be fair with me?

When it comes to compensating you for your injuries and losses, some employers or insurance companies may not have your best interests in mind. Often times they will send you to doctors who have financial relationships with the employer or insurance company. This can result in very low ratings, which causes your claim to have very little value. The Department of Labor's goal is to "resolve / arbitrate the question of compensability" - not to represent your interests!

Should I hire an Attorney?

Not always. Often times, if you have simple questions about medical treatment or calculations of benefits, a Department of Labor Specialist may answer your questions whether you need general advice or whether to hire an attorney. For more important matters, experienced Worker's Compensation attorneys can tell you (sometimes over the phone) whether you need general advice or whether it would be important to hire an attorney. BEWARE if anyone tells you not to consult an attorney. We will consult with you at no charge and give you valuable advice.

How much are Attorneys' Fees?

Again, most attorneys will consult with you at no charge for routine questions. When an experienced Worker's Compensation attorney feels that he/she can substantially help or assist in your claim, fees are calculated as a percentage and may vary but cannot exceed 20%. We charge no fees for initial consultation and no fees unless you win. We have access to experts (second opinion doctors and job experts) to help maximize your recovery.

Do I have to go to Court?

No. All claims for injuries after January 1, 2005, must first go through a mediation process before any suit can be filed. If the mediation process is unsuccessful, we will advise you of your right to file your claim and have an independent Judge (no jury) decide what benefit you are entitled to.