Navigating Through The Workers' Comp Maze

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Thanks for stopping by my website focused on law. My name is Luke Donahue and I absolutely love law and order. I wish that there was a greater respect for law in our society. When we understand what is expected of us and what is allowed, it is much easier to make decisions and live a fulfilling life. I feel that some do not respect the law because they simply do not understand it. Therefore, I have decided to create a website that covers various legal topics of interest to me and I will try to explain these topics from a layman's perspective.

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Navigating Through The Workers' Comp Maze

11 September 2018
 Categories: Law, Blog


When a workplace injury makes it impossible to work at your job, you can probably count on your employer's workers' comp coverage. This form of employee insurance covers a wide variety of work injury situations, but navigating through all the procedures and paperwork can be a challenge, especially if you are dealing with an injury at the same time. To get you through the process and to the goal of being compensated fairly and in a timely manner, read on.

Get medical care right away

Unless you are dealing with a very minor injury you must seek professional medical care. For your initial visit, you can go anywhere from an urgent care facility or emergency room to your own doctor. Subsequent visits might call for visiting special workers' comp doctors. Your workers' comp doctor will be in charge of your care until you have been released to return to work, and anything they order will be paid for 100% through the workers' compensation insurance coverage. Be sure your employer files a claim with the carrier as soon as possible after your injury.

Stay home and get better

If your workers' comp doctor wants to keep you out of work for a while, then you must comply. While you won't be receiving your usual salary while at home, you will be getting workers' comp disability pay. This is usually a certain portion of your usual pay. Here's what to know about this form of payment:

  • Payments are made weekly.
  • You can expect to receive about 66.6% of your normal pay but the exact amount varies by state.
  • No taxes or other deductions are taken from your pay and your workers' comp pay does not need to be reported on your income taxes.

The special exam and the ruling

If your injury has caused you to be out of work for quite a while then you may need to take part in a special kind of medical exam. The independent medical exam is meant to evaluate you and determine how much longer you will need benefits. Three outcomes are possible after this exam:

  • You are asked to return back to your previous job.
  • You are allowed more time to recuperate.
  • You are ruled to be at maximum medical improvement.

Maximum medical improvement

This ruling means that you have an injury that is not going to get much better no matter how much time passes. This is a permanent injury and your workers' comp disability pay will cease. You may be entitled to several additional forms of workers' comp benefits, however. For example:

  • A lump sum payment or a structured payment plan to make up for not being able to work at your job
  • Rehabilitation training that might prepare you to do a different type of job if your medical condition allows it.
  • Vocational services that include career interest testing, job placement, resume prep and more.

If you encounter problems with any area of your claim, speak to a local workers' compensation service