The Bulldog Blog: Workers Compensation Legal News and Topics
Ask the Bulldog Lawyers: "Am I Entitled to Workers Comp Benefits?" | Blog Home | Archives |
Articles
| Category Index | Site Map | Workers Comp Links | About The Bulldog Lawyer
Ask the Bulldog Lawyers: "Am I Entitled to Workers Comp Benefits?" : Blog Home : May 2007

How do you file a Claim Petition?

A claim petition is filed after there has been a denial of a claim or where temporary payments have been stopped or when no payments have been made.

How does an employer go about denying payments?

Denial of Payment is accomplished by a "notice of workers compensation denial" which is sent to the employee. A copy is also sent to the State WC bureau. A denial must be sent within 21 days from when the employer learns of the injury in order to be valid.

What is a Notice of Temporary Compensation Payable

This is when an employer may start to pay compensation, even though they may later dispute the obligation to do so. This occurs during the first 90 days after an injury occurs.

These are "temporary: payments and can be discontinued by the filing of a notice to do so. Otherwise, this converts into a Notice of Compensation Payable.

What agreements will be put in place if I am diabled or permanently inured?

Compensation for Disability or Permanent Injury is paid when both the employer and employee agree that there has been a permanent injury. This is similar to a notice of compensation, but is done with the signature of both the employer and employee.

How do you get paid after an injury. My Employer's Procedures for Making A Claim.

When you are injured, your employer must report the cleim to their insurance company. Then it must be reported by the carrier to the state department for workers compensation. These reports are for statistics and accounting, and are not evidence of your right to compensation. The report has to include information on what the injuries are and how they occurred.

What are Average Weekly Wages?

Wage Calculations are an important part of determining the amount of benefits due. Not all people receive a constant salary amount, so establishing the average wages becomes an important factor in determining the amount of benefits.There is more than one method... (Read Article)

What if I have more than one job at the same time?

This is known as concurrent employment. And the goo dnews is that this can increase the amount of compensation payable, since these can be considered in your average weekly wages. However, self employment is excluded.

What is the maximum amount of wages that can be used for calculating workers compensation?

This amount changes from year to year. In 2006, the maximum was $745/week.

April 2007 «  » June 2007