FAQs - Frequently Asked Questions About Workers Comp

Q: I’ve been hurt on the job. What do I need to do?
A: The most important thing to do when you get hurt on the job is to notify your employer. Get in touch with your immediate supervisor, human resources department or your department manager and tell them what happened. They may have you fill out a work injury form that serves as legal documentation about the incident.

Q: Who decides if I’m eligible to receive worker’s compensation benefits?
A: Your employer’s worker’s compensation insurance carrier, or your employer will investigate the incident and review your work injury form or workmans comp claim. However, it’s still a good idea to contact an experienced worker’s compensation attorney to make sure you have filed all necessary paperwork and understand how the process works.

Q: What types of benefits am I eligible for with workers’ compensation?
A: The employer, or its insurance carrier, will pay for all necessary and reasonable medical treatments and services to help restore your health so you can return to work. You may also be eligible for temporary disability benefits in place of lost wages, and permanent disability benefits depending on the extent of your injury.

Q: How much are the benefits for loss of wages?
A:  When you are injured or disabled for a period of seven days or more, you will be eligible to receive temporary disability benefits at a rate of 70% of your average weekly wage. This rate will not exceed the maximum rate or fall below the minimum rate set by your state’s statute, and is in effect during the year of the accident.

Q: What is the waiting period, or how long do I have to be out of work, before receiving workers’ compensation benefits?
A:  Workers’ Compensation Law requires that you must be unable to work for seven days – including weekends and holidays – before you are eligible for temporary disability benefits. Keep in mind that the seven days don’t have to be consecutive days.

Q: My employer won’t report the accident to the worker’s comp insurance carrier. What are my options?
A: You may need to file a work-related injury claim yourself. Get in touch with a worker’s compensation lawyer immediately to guide you through the process.

Q: I have two jobs, and was injured on one and cannot work at my other one because of the injury. Can I still collect workers’ compensation benefits from the job I wasn’t injured in?
A: No. You are only eligible for workers’ compensation benefits on the job that you were injured in.

Q: What is the waiting period for receiving benefits from the insurance carrier or the employer?
A: Most people receive benefit payments within two weeks. However, if the insurance carrier or your employer delays the paperwork filing process, or unreasonably denies the claim, they may be liable for paying legal fees and an additional amount of up to 25% depending on the situation. If your employer delays the process by 30 days or more, it is generally presumed to be “unreasonable”.

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