Roger M. SublettWorkers' Compensation Attorney
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BASIC WORKERS' COMPENSATION BENEFITS

Medical Treatment

  • You are entitled to all required medical services paid by your employer at no expense to you.  This includes any and all medical care to treat your condition including traveling expenses.

  • For 30 days following your injury, you may have to use a doctor or medical facility chosen by your employer.  After 30 days, however, you may select any physician who is qualified to treat your condition.

  • There is no time limit on medical care.  It will continue as long as there is a medical necessity related to the injury.

Temporary Total Disability

  • If you are unable to return to work after your injury, you would be entitled to receive temporary disability compensation at a predetermined rate depending on your average weekly income at the time of your injury.

  • The rate of compensation is 66 2/3% of your average weekly wage at the time of your injury to a maximum of $602 per week, or $728 per week if your injury was sustained after January 1, 2004.

  • If during the disability period your income would have increased you would be entitled to an increase in total temporary disability.

Vocational Rehabilitation

  • If you were injured prior to January 1, 2004, and are precluded from your usual and customary occupation or the position that you were engaged in at the time of your injury, you may be entitled to vocational rehabilitation.

  • Vocational rehabilitation is designed to return you to "suitable, gainful employment" and can include vocational evaluation, counseling, job placement assistance, retraining, and even a return to a modified or alternative work with your employer.

  • Your employer is required to begin the process of vocational rehabilitation 90 days after you leave your employment because of you injury.

  • There is a financial cap, or limit, of $16,000 on all rehabilitation benefits.

Permanent Disability

  • When your physician indicates that your condition is not going to improve further and you have some residual disability, you are entitled to permanent partial disability compensation.  This will be a fixed sum payable from $140 to $230 per week (depending on the severity of the disability).  It becomes payable when you stop receiving temporary disability and there is any medical evidence that you have a permanent disability.

  • The degree of permanent disability can be determined by your treating doctor.  You may also, however, obtain a second opinion from a Qualified Medical Examiner selected by your attorney if the treating doctor's opinion is inaccurate or inadequate.