Understanding Your Rights

Worker's Compensation was designed to promptly provide medical care and lost wages to injured employees. Your employer is required by law to purchase Worker's Compensation insurance coverage for their employees. If you are injured on the job, it is your responsibility to immediately notify the employer of the accident. Failure to notify your employer of the accident could result in your claim being denied. Once an employer has been put on notice of the accident, it becomes your employer's responsibility to file the appropriate paperwork with their worker's compensation insurance company. The insurance company is also required to pay mileage to the injured employee for all medical appointments.

If your physician takes you out of work, you should receive 66 2/3 of your gross wages, before taxes. If the doctor says that you can return to work, but with restrictions, and your employer cannot accommodate those restrictions you should receive compensation for a portion of your lost wages.

The lost wage benefit will continue until the doctor places you at maximum medical improvement (the point at which the doctor anticipates no further recovery) or 104 weeks whichever comes first. The amount of your lost wages is based on the average of the last 13 weeks prior to the accident.

If you have more than one job, the combination of your earnings with all employers will be used to determine the amount of your wage compensation. As a general rule, you cannot sue your employer, even if they are negligent. Your only remedy is worker's compensation. If an insurance company fails to provide a benefit, either medical or wage, you can file litigation and request a hearing before a compensation judge to determine if the insurance company should provide that benefit. It is best to obtain an attorney to represent you before a judge, since the rules of law at trial are quite complex. You may settle your worker's compensation case for a lump sum if you and the insurance company agree to do so.