Injured workers have lots of questions about their workers compensation benefits. We have listed answers to a few of these questions below. For answers to your specific workers compensation law question, feel free to call and speak to a Bulldog Lawyer at 866-462-8553 ( Se Habla Español ).
Types of Benefits
Employment has its benefits. Generally we consider the following as parts of a claim:
Lost Wage Earnings
Specific Losses (e.g. loss of a finger)
Minor’s Benefits when illegally employed
All of the above are considered when determining if their is a compensable earnings loss. And it is not necessary that an injury be a physical injury. It is possible to get compensated for medical conditions caused by work. In determining if someone is disabled from work, we look beyond the physical injury to determine if their age and mental outlook will allow them to return to work. In other words, we are trying to determine if earning power has been negatively impacted by an injury occurring out of the work.
What is a benefit rate?
Usually your benefit rate is 2/3 of your average weekly wage. But there is a maximum, so you may not get 2/3 of what you were earning. The amount is based on what you actually earned. If you are below the maximum, you may be able to include profit sharing benefits, vacation, holidays, and overtime.
What are Specific Loss Benefits?
A work injury that results in amputation can be compensated as a specific loss. This is also true of hearing loss and vision loss (one or both ears, one of both eyes). These benefits are payable even if there is no loss of time from work. This is the only way to recover money for this type of loss, unless there is some party other than the employer who was responsible for the loss of limb, sight, or hearing. The loss of limb, sight, hearing need not be 100%.
The rate of compensation is defined by the Workers Comp Act. It is defined as a certain number of weeks at the wage rate. In some cases, specific losses result in total disability, in which case total disability benefits apply.
Timing of Payment of Benefits
If you are paid weekly, it is wrong for your benefits to be paid quarterly. Why is that? Well, you are supposed to be paid your workers compensation benefits on the same schedule as your paychecks were being paid. But commonly carriers pay the payments either biweekly (every other week) or monthly, even when wages are paid weekly. Most claimants do not object to this. But you do have a right to object.