Did You Know?
Medical Care
- You may advise your employer in writing before an injury that, if hurt on the job, you want to be treated by your personal physician. If so designated, you may seek treatment from your personal physician.
- If your employer has set up a Medical Provider Network (MPN), you can choose to treat with any physician within the MPN.
- If your employer has not set up an MPN, the employer controls your medical treatment for the first 30 days. Thereafter, you may choose your own doctor.
- If you file a Workers’ Compensation claim, your employer must provide medical care within 24 hours of filing the claim and pay up to $10,000 in treatment for the claim—even if they have not accepted the claim—until the claim is rejected.
Temporary Disability
- You will not be paid for the first three days that you are unable to work following an injury or illness unless you are hospitalized or out of work for more than 14 days.
- TD benefit rates are two-thirds of your average weekly salary, up to the legal maximum.
- Time limits of benefit payments differ depending on the date of injury. For injuries after January 1, 2008, you are limited to a total of two years of TD benefit payments within a five-year period from the date of injury. For injuries occurring between April 19, 2004 and December 31, 2007, the limit is two years from the date of the first payment. Before April 19, 2004, these limits do not apply.
Permanent Disability
- Prior to 2005, Permanent Disability (PD) benefit payments were based on a person’s loss of ability to compete in the open labor market. Post 2005, benefits for such claims are evaluated on American Medical Association Guidelines. So, disability caused by subjective symptoms, such as pain, without objective proof may no longer be compensated.
- The rating for a person’s PD status determines the amount of the award and the length of time benefits will be paid.
Vocational Rehabilitation
- Vocational rehabilitation has been abolished for injuries on or after January 1, 2004.
- You may be eligible for Supplemental Job Displacement benefits.
Death Benefits
- If an employee dies on the job from a job-related injury, or from a heart attack, cancer, stroke or other disease found to be caused or aggravated by work, the surviving spouse, minor children or other dependants may be entitled to receive benefits.
Because Workers’ Compensation laws are complicated and are constantly changing, it is vital for an injured worker to have legal representation. The attorneys at Gordon, Edelstein, Krepack, Grant, Felton & Goldstein have 30 years of experience ensuring justice for those who are injured on and off the job.
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