Your Rights to Workers' Compensation Benefits
Posted: Monday, August 25, 2008
by PRA Law
Pellettieri, Rabstein & Altman
Answers to commonly asked questions from an experienced
workers' compensation attorney 1. When Can You Collect Workers' Compensation Benefits?
(a) Accidental Injury
If you are injured while working or while on your employer's property, you are entitled to Workers' Compensation Benefits, no matter who is at fault.
(b) Occupational Disease
If you are exposed to harmful working conditions, such as dust, chemicals, fumes or loud noise and you develop a health problem, such as breathing difficulties or hearing loss, you may be entitled to Workers' Compensation Benefits. Also, if you are exposed to stressful work effort, and you suffer a heart attack, stroke, back problems, nervous condition or any physical problem, you may be entitled to Workers' Compensation Benefits.
2. What Are You Entitled To Under Workers' Compensation Law?
If you have a work-related injury or condition, your employer is responsible for the following:
(a) Medical treatment for the injury or condition.
This would include costs of hospitalization, doctors and drugs.
(b) Temporary Compensation Benefits
If you are unable to work as a result of your injury or condition, and under approved medical care, your employer is responsible for payment of temporary compensation benefits, provided you are unable to work for more than 7 days. Temporary compensation benefits are payable at the rate of 70% of your weekly wages up to a maximum which varies depending upon the year of injury or disability.
The maximum for a 2006 injury is $691.00 per week. The maximum for a 2007 injury is $711.00 per week. The maximum for a 2008 injury is $742.00 per week.
(c) Permanent Disability Benefits
If, as a result of your condition or injury, you have a permanent impairment, you are entitled to an award of compensation benefits for this impairment. Permanent impairment may consist not only of the obvious such as the loss of a finger or hand, but also residual pain, restricted motion, loss of hearing, shortness of breath, etc. You do not have to be totally disabled to be entitled to permanent disability benefits. You may be fully capable of performing your regular work and still receive such benefits.
3. What To Do If You Are Injured?
(a) Notify your supervisor immediately
(b) Demand medical treatment if you feel you need it
If you don't ask for treatment, your employer may not be responsible to pay the bills. Your employer has the right to select the doctor, but exceptions can be made in emergency situations.