Workplace Injuries: What You Need to Know About Getting Paid

Understanding Compensation for Workplace Injuries: A Quick Guide

If I get injured at work do I get paid? The short answer is yes. Here’s a quick look:

• Eligibility: Most employees are covered.
• Wage Replacement: Typically two-thirds of your average weekly wage.
• Medical Expenses: Costs of treating your injury are covered.
• Temporary and Permanent Benefits: Depending on your recovery and ability to return to work.

Navigating the workers’ compensation system can seem overwhelming, but it’s vital for ensuring you receive the benefits you’re entitled to. From medical expenses to wage replacement, understanding the essentials is key to protecting yourself after a workplace injury.

I’m Ethan Pease. With a career marked by dedication to workers’ compensation law, I’ve guided countless individuals through the complexities of getting paid after an injury at work. Whether temporary or permanent, I’ve helped secure the compensation my clients deserved.

Understanding Workers’ Compensation

Workers’ compensation is a type of insurance that provides benefits to employees who get injured or become ill due to their job. It’s designed to help you recover without worrying about medical bills or lost wages.

What Does Workers’ Compensation Cover?

Workers’ compensation benefits are designed to cover several key areas:

• Medical Expenses: This includes doctor visits, hospital stays, surgeries, medications, and any other medical treatments related to your injury.
• Lost Wages: If you can’t work due to your injury, workers’ comp provides wage replacement benefits. Typically, this is about two-thirds of your regular pay.
• Rehabilitation: This covers physical therapy and other rehabilitation services needed to help you recover and return to work.
• Death Benefits: If a worker dies due to a work-related injury, workers’ comp provides benefits to their dependents, including funeral expenses.

How to File a Workers’ Compensation Claim

Filing a workers’ compensation claim can seem daunting, but breaking it down into steps makes it manageable.

Reporting the Injury

1. Report Immediately: As soon as you are injured, inform your employer. Most states require this within a specific timeframe, often between 30 and 90 days. Delaying this report can jeopardize your ability to receive compensation.

Medical Attention

2. Seek Medical Attention: Get medical help right away. Make sure to inform the doctor that your injury is work-related.

Filing Process

3. Obtain a Claim Form: Your employer should provide you with a workers’ compensation claim form (often called DWC 1). If they don’t, you can download it from your state’s workers’ compensation board website.

4. Complete the Form: Fill out the form with all required details, including information about the injury and how, when, and where it happened.

5. Submit the Form: Hand the completed form back to your employer. They are responsible for submitting it to their workers’ compensation insurance carrier.

6. Follow Up: Stay in touch with your claims representative and provide any additional information they need. Keep your employer updated on your medical status and work restrictions.

Deadlines

Each state has unique rules and deadlines for filing a workers’ compensation claim. Missing these deadlines can result in losing your right to benefits. For example, in Georgia, there’s a three-day waiting period before you start receiving wage-loss benefits. If your disability extends beyond seven calendar days, the first three days of lost time would be paid retroactively.

By understanding these steps and acting quickly, you can ensure your claim is processed smoothly and you receive the benefits you need to recover and return to work.

Next, we’ll dive into the specifics of wage replacement and the types of benefits you might be eligible for if you’re injured at work.

If I Get Injured at Work Do I Get Paid?

When you’re injured on the job, one of the first questions you might have is, “Do I get paid?” The short answer is yes, but the specifics can vary. Let’s break it down.

Temporary Disability Benefits

Temporary disability benefits are designed to provide financial support if you’re temporarily unable to work due to a workplace injury. There are two types: Temporary Total Disability (TTD) and Temporary Partial Disability (TPD).

Temporary Total Disability (TTD)
If your doctor says you cannot work at all because of your injury, you may be eligible for TTD benefits. In general, you’ll receive around two-thirds of your average weekly wage (AWW). For example, if you earned $900 a week before your injury, you’d receive about $600 per week in TTD benefits.

Temporary Partial Disability (TPD)
If you can return to work but not at full capacity, you might be eligible for TPD benefits. These benefits cover the difference between your pre-injury wages and what you can earn now, up to two-thirds of that difference. For instance, if you were making $900 a week before the injury but can now only earn $600, you’d receive two-thirds of the $300 difference, which is $200 per week.

Duration of Benefits
You can receive temporary disability benefits for up to 104 weeks. However, the first seven days of disability are usually unpaid unless your disability lasts longer than 21 days. In some severe cases, you might receive 80% of your regular wages for up to six months after the accident.

Permanent Disability Benefits

Permanent disability benefits come into play when your injury leaves a lasting impact. There are two types: Permanent Total Disability (PTD) and Permanent Partial Disability (PPD).

Permanent Total Disability (PTD)
If your injury is so severe that you can never work again, you may qualify for PTD benefits. These benefits provide ongoing financial support for the rest of your life. For instance, losing both legs in an accident would qualify you for PTD benefits.

Permanent Partial Disability (PPD)
If your injury permanently reduces your ability to work but doesn’t completely stop you, you might qualify for PPD benefits. Your doctor will assign an impairment rating to determine the extent of your disability. For example, if you lose 20% of the use of your arm, your benefits will be based on that rating.

Maximum Medical Improvement (MMI)
When your doctor states you have reached Maximum Medical Improvement (MMI), it means your condition is not expected to improve significantly. At this point, you’ll be evaluated for permanent work restrictions and an impairment rating.

Calculation and Duration
The amount you receive for permanent disability depends on your impairment rating and state laws. For example, in some states, you might receive two-thirds of your AWW for a number of weeks that corresponds to your impairment percentage.

Next, we’ll discuss how much you can expect to get paid based on your average weekly wage and other factors.

How Much Will I Get Paid?

State-Specific Examples

When you’re injured at work, knowing how much you’ll get paid can be confusing. Your compensation mainly depends on your average weekly wage (AWW) and state-specific rules. Let’s break it down with some examples from different states.

Average Weekly Wage (AWW)
Your AWW is calculated based on your earnings before the injury. Typically, it’s the average of your wages over a set period, often the last 13 weeks. This number is crucial because your benefits are a percentage of this amount.

Percentage of Wages

Generally, workers’ compensation pays about two-thirds (or 66%) of your AWW. So, if you were earning $900 per week, you might receive around $600 per week in benefits. However, this amount can vary by state due to different caps and regulations.

State Variations and Caps

Each state has its own rules and maximum limits on weekly compensation. Here are some specific examples:

Georgia
In Georgia, you’ll receive two-thirds of your AWW, up to a maximum of $575 per week. If you were earning $1,000 weekly, you’d get $575, not $666, due to the cap.

Florida
Florida also pays two-thirds of your AWW, but the caps differ. For low-risk jobs, it’s around 26 cents per $100 in payroll, and for high-risk jobs, it’s $19.40 per $100 in payroll . This means your weekly benefits depend on your job’s risk level.

Texas
In Texas, the benefits are similar: two-thirds of your AWW. If your AWW is $900, you might get around $600 per week. Texas updates its maximum limits periodically to reflect wage changes (source).

Wisconsin
Wisconsin has a unique approach. If an injured worker is out for more than seven days, they get paid starting from the eighth day. If out for more than 14 days, they get compensation for the first week too. The state’s tool, the Wisconsin Compensation Rating Bureau (WCRB), helps you find your employer’s insurance details (source).

Summary

Understanding how much you’ll get paid involves knowing your AWW, the percentage of wages you’re entitled to, and the state-specific caps and rules. Each state has different regulations, so it’s essential to check the specifics for where you work.

Next, we’ll explore other benefits and rights you might be entitled to, including medical treatment and vocational rehabilitation.

Other Benefits and Rights

When you’re injured at work, it’s not just about wage replacement. There are other benefits and rights you should be aware of to ensure you get the support you need. Let’s dive into the additional compensation you might be entitled to.

Medical Treatment

First and foremost, your health is the top priority. Workers’ compensation covers all necessary medical treatment related to your injury. This includes:

• Doctor visits and specialist consultations
• Hospital stays and surgeries
• Prescription medications
• Physical therapy and rehabilitation
• Medical tests like MRIs and X-rays
• Prostheses and other durable medical equipment

Pro Tip: Make sure to get all treatments authorized by your workers’ comp insurance. Unauthorized treatments might not be covered.

Vocational Rehabilitation

If your injury prevents you from returning to your previous job, you might qualify for vocational rehabilitation. This involves:

• Job retraining programs
• Educational courses to learn new skills
• Job placement services to help you find a new role

These services aim to help you re-enter the workforce in a new capacity.

Mileage Reimbursement

Getting to and from medical appointments can add up. Workers’ compensation often covers mileage reimbursement for travel to:

• Doctor’s offices
• Physical therapy sessions
• Pharmacies for picking up prescriptions

Keep track of your miles and submit them for reimbursement.

Legal Rights

You have several legal rights when you’re injured at work:

• Right to file a claim: You’re entitled to file a workers’ compensation claim without fear of retaliation.
• Right to medical treatment: You can seek necessary medical care for your injury.
• Right to return to work: If cleared by your doctor, you can return to your job.
• Right to disability compensation: If you’re unable to work temporarily or permanently, you should receive disability benefits.
• Right to appeal: If your claim is denied, you can appeal the decision.
• Right to legal representation: You can hire an attorney to help you steer the process.

Additional Compensation

Beyond the basics, there are other forms of compensation you might be entitled to:

• Pain and Suffering: While workers’ compensation typically doesn’t cover pain and suffering, it might come into play in severe cases or additional lawsuits.
• Emotional Trauma: Injuries can take a toll mentally. Some states offer benefits for psychological treatment.
• Loss of Consortium: If your injury affects your relationship with your spouse, you might be entitled to compensation.
• Loss of Enjoyment: Severe injuries can impact your ability to enjoy life. Compensation for this loss might be available.

For example, in the case of Atkins v. Santa Barbara Metropolitan Transit District, the Workers’ Compensation Appeals Board rescinded a settlement due to inadequate compensation for future medical treatment and permanent disability .

Next, we’ll address some frequently asked questions about workers’ compensation to clear up any doubts you might have.

Frequently Asked Questions about Workers’ Compensation

How do you get paid when injured?

When you get injured at work, you can receive payments through workers’ compensation. Here’s how it works:

1. Report the Injury: Tell your employer about your injury as soon as possible. Most states have a deadline for reporting injuries, and missing it can affect your benefits.

2. Seek Medical Attention: Visit a doctor to assess your injury. Make sure to inform the doctor that your injury is work-related.

3. File a Claim: Your employer should provide the necessary forms to file a workers’ compensation claim. Fill out these forms and submit them to the appropriate state agency.

4. Claims Process: Your employer’s workers’ compensation insurer will review your claim. This process can take 14-30 days depending on state laws. Make sure to respond quickly to any requests for information from your claims representative.

5. Receive Payments: If your claim is approved, you will start receiving benefits. Typically, you will get about two-thirds of your average weekly wage, but this can vary by state. Payments cover lost wages, medical bills, and other related expenses.

How does Texas workers’ compensation work?

Workers’ compensation in Texas has some unique rules:

• Notice Period: You must report your injury to your employer within 30 days. Missing this deadline can result in losing your right to benefits.

• Filing Deadline: You have one year from the date of injury to file a formal claim with the Texas Division of Workers’ Compensation (DWC).

• Temporary Income Benefits (TIBs): If your injury keeps you from working for more than seven days, you can receive TIBs. These benefits are about two-thirds of your average weekly wage (AWW) and continue until you can return to work or reach maximum medical improvement (MMI).

• Lump Sum Payments: In Texas, you might be eligible for a lump sum payment if you have a permanent impairment or reach MMI. However, the medical portion of your claim cannot be settled to ensure lifelong coverage for necessary treatments.

How much does workers’ comp pay for lost wages in Florida?

In Florida, workers’ compensation pays for lost wages based on your average weekly wage (AWW) before the injury:

• Temporary Total Disability (TTD): If you can’t work at all, you receive about two-thirds of your AWW. Payments start after seven days of missed work and can continue up to 104 weeks or until you reach MMI.

• Temporary Partial Disability (TPD): If you can work but earn less than 80% of your pre-injury wages, you receive 80% of the difference between your pre-injury wage and your current wage, up to the state maximum.

• Permanent Total Disability (PTD): If your injury results in permanent inability to work, you receive benefits at the same rate as TTD but potentially for life.

For more detailed information, refer to the Florida Division of Workers’ Compensation.

Next, we’ll explore the conclusion of our guide, summarizing key points and offering a free case evaluation for your workers’ compensation claim.

Conclusion

Dealing with a workplace injury can be overwhelming. You face medical bills, lost wages, and emotional distress. Understanding your rights and the benefits you are entitled to is crucial for your recovery.

Workers’ compensation is designed to support you during this tough time. It covers medical expenses, lost wages, and even rehabilitation. But navigating the complexities of a workers’ comp claim can be daunting.

That’s where we come in. At Visionary Law Group, our mission is to ensure you receive the maximum compensation you deserve. We carefully calculate what is justly owed to you, considering all aspects of your injury and its impact on your quality of life.

Every case is unique, and so is every client. Our personalized approach is custom to meet your specific circumstances, providing you with expert advice and strategies designed to maximize your compensation and facilitate your recovery.

Don’t face this challenging time alone. Let us help you focus on what matters most—your health and well-being. Get your free case evaluation today and take the first step towards a secure recovery.

Get a free case evaluation here.

For more information about our services, visit our Injured on the Job page.