Workers Compensation FAQs

I have been hurt on the job. What do I do?

You should notify your employer as soon as possible. The notice may be given to the foreman, supervisor, personnel office, or anyone in authority at the employer's place of business. Notice does not have to be in writing, such as in a work injury form.

My employer will not report my accident to the workers’ compensation insurance carrier. What can I do?

You should consider contacting the worker compensation insurance carrier directly or alternatively, you may want to consider filing a work related injury claim with the Division in this instance. Proof of insurance coverage should be displayed in a prominent location at the place of business

Who decides my entitlement to receive workers’ compensation benefits?

Your employer’s workers’ compensation insurance carrier or your employer, if they are self-insured, will investigate your workmans comp claim and make a determination as to your eligibility to receive workers’ compensation benefits.

Have you or someone you know been injured at work? If so, contact one of our experienced workers compensation attorneys in your area today.

The workers’ compensation doctor has released me for light duty work, but my employer advises that there is no such work available. What can I do?

In this situation, if you haven't returned to work and continue to receive authorized medical care for your work injuries, you should continue to receive temporary disability benefits for the period of time up to and including the date the authorized health care provider indicates as the date of maximum medical improvement.

I have two jobs, one full time and the other part time job. I was injured on the part time job, and because of the injury I am also unable to work at the full time job. Can I collect workers’ compensation benefits from my full time job?

No. Since you were injured on your part time job, any workers compensation benefits will be based on that employment.

Does the Workers' Compensation Law give special compensation to minors?

Worker compensation law states that a minor who suffers a disability because of a work-related injury or illness is entitled to all of the same benefits as any other employee. However, if the minor was employed in violation of child labor laws, benefits for temporary workmans comp disability, permanent disability or death are double the amount normally awarded.  For more help, talk to one of our workers compensation lawyers.

What kind of benefits am I entitled to receive?

An employee or his/her dependents can receive workers compensation employee benefits for an injury or death arising out of and in the course of employment. The employer or its insurance carrier pays for the necessary and reasonable medical treatment, temporary disability benefits in place of wages lost during the period of disability and when documented, benefits for permanent disability.

How much are the benefits for loss of wages?

If an injured worker is disabled for a period of more than seven days, he or she will be eligible to receive temporary disability benefits at a rate of 70% their average weekly wage, not to exceed the maximum rate or fall below the minimum rate set by statute in effect during the year of accident. in effect for the past several years.

How long must I be out of work before I am eligible to receive workers’ compensation benefits?

By law, you must be unable to work for seven days (including weekends and holidays) before you are eligible for temporary disability benefits. Benefits are retroactive to the first day. The seven days need not be consecutive.

How long do I have to wait before I receive benefits from my employer or their insurance carrier?

Generally, you can expect to wait two weeks before receiving temporary disability benefits. If your employer or their insurance carrier unreasonably and negligently delays denial of a claim, they may be liable to you for an additional amount of 25% of the amounts due plus any reasonable legal fees incurred in relation to the delay. A delay of 30 days or more is presumed to be unreasonable.

Have you or someone you know been injured at work? If so, contact one of our experienced workers compensation lawyers in your area today.