Your Personal Injury, Workers' Comp, Disability and Family Law Concerns Put to Rest
Even a minor accident can cause physical and financial confusion, worries, and setbacks. Allow us to help answer your questions and put your concerns to bed, so you can focus on your recovery. Why wait any longer to get the answers you need? Click here and see how our knowledge, advice, and experience can help you.
- Page 3
Does workers' comp affect my social security disability benefits? What about unemployment?
You can receive both social security disability benefits and workers compensation at the same time. However, your workers compensation check will be reduced to compensate for the extra money you'll be receiving. Under the law, the two payments together cannot equal more than 80% of your average weekly wage prior to your injury. Refer to our Social Security Disability page for more information on this form of financial assistance.
To qualify for unemployment assistance, the law states that you must be able to work. If your doctor and attorney find that you are eligible to receive temporary total or permanent total disability benefits, then you are not eligible to receive workers' compensation benefits at that time.
What about the wages I lose while being out of work? Do I get paid for those too?
Depending on the severity of your injury, you are eligible to receive between 66 2/3% and 80% of your average weekly wage in addition to having your medical bills paid by the employer's insurance carrier. Consult an attorney at the Coye Law Firm to determine your lost wages compensation rate and get the most benefits you can.
Can I be reimbursed for the cost of driving to my doctor appointments?
If your doctor appointment is related to your workers' compensation injury, you can have the mileage reimbursed by your employer.
Can my mental illness be attributed to hazards in the workplace? If so, can I file a workers' compensation claim?
It depends. If your mental injuries are accompanied and caused by physical injuries, you may be able to claim benefits to remedy this problem. There are many exceptions, however. If depression results from being out of work, it is not compensable. The statute can be reviewed here .
What do "MMI," "IR," "TPD," "TTD," and "PTD" stand for?
MMI means "Maximum Medical Improvement" and is used to determine when benefits should stop being paid to the injured employee. IR means "Impairment Rating," TPD means "Temporary Partial Disability," TTD means "Temporary Total Disability," and PTD means "Permanent Total Disability." All of these categories are used to determine an injured worker's benefits. When a worker reaches MMI, their workers' compensation benefits stop. However, the doctor assesses an impairment rating, which determines the amount of benefits they may continue to receive.
Do I need health insurance in order to pay for treatment?
You should only be concerned with paying for your own medical treatment if you've settled your claim. If an injured worker's injuries need medical attention after the claim has been settled, it is their responsibility to pay for them through health insurance or some other method.
I haven't heard anything about my benefits claim and I sent them notice a month ago. What's going on?
According to the workers compensation laws, "The carrier must pay, disallow, or deny all medical, dental, pharmacy, and hospital bills submitted to the carrier in accordance with department rule no later than 45 calendar days after the carrier's receipt of the bill." Therefore, it can take up to 7 weeks to hear back. Consulting your attorney or employer may help to expedite the process.
Can I choose my own doctor? What if I don't like the one that I choose?
Workers compensation must authorize a doctor for injured workers to begin treatment. Workers are not permitted to choose a doctor, but if they are dissatisfied with the one authorized, they are allowed to change doctors one time. Exercising this right can depend on timing and circumstances, so it is important to consult an experienced workers comp lawyer at the Coye Law Firm before making this decision.
Do I have to pay for my medical treatment?
If the system is working correctly, you shouldn't have to pay for treatment yourself. The medical provider submits the medical bills to your employer's insurance company, who in turn pays the bills.
Another employee was playing a joke when I fell and broke my arm. Do I have a claim?
If you were performing duties within the scope of your job, then most likely. The statute specifies that deviation from employment is not covered in a workers' compensation claim, but every circumstance is different. contact a workmans' compensation attorney at the Coye Law Firm to determine if you have a case.