Frequently Asked Questions about Workers' Compensation
Unfortunately, there can be a great deal of confusion and misunderstanding around workers' compensation. The workers' comp process can seem convoluted, but it is our goal to remove as much confusion as possible. At J. Bradley Baker, LLC, we put together a list of frequently asked questions and answers regarding workers' compensation.
How do I report an injury?
You should immediately report any injury to a supervisor. Normally your employer will complete an accident form. This information should be provided to the workers' compensation carrier for your employer. If you report an injury and your report is ignored or there is a long delay in the workers' compensation insurance company getting you medical treatment then you may need to consult with an attorney. The workers compensation carrier is responsible for providing necessary medical care following an injury.
How do I get medical treatment following an on the job injury?
If you properly report your injury and need medical treatment the employer and insurance carrier are responsible for providing medical treatment. They will normally send you to a doctor that they choose. This medical treatment should be paid for by the employer or the workers' compensation carrier for the employer. The medical professional will then determine what treatment is necessary. Assuming that the employer/carrier provides treatment you should attend all appointments and follow all recommendations of the treating physician. Before seeking treatment on your own you should ask the employer/carrier for a second opinion if you are not satisfied with the treatment you are receiving. Should you seek treatment without the approval of the workers' compensation carrier the carrier may not have to pay for the treatment. Following each visit to the authorized medical professional, you should get a work note that addresses your ability to return to work and any restrictions which might apply in your case. If the employer/workers' compensation carrier does not provide medical treatment after you have reported an injury you should consult with an attorney. At J. Bradley Baker, LLC we will fight to get you the treatment you deserve. We can also send you for independent medical exams if we feel the treatment you are receiving may not be appropriate.
When do I have to return to work after an injury?
Following treatment by the authorized medical professional, they should address your work status. You will usually either be written completely out for a period of time, given restrictions but allowed to return to work (this is often referred to as light duty) or instructed to return to work without restrictions. If the authorized medical professional says you can return to work, either full or light duty, you must try to return to work. If you fail to return to work the employer/workers' compensation carrier will not have to pay you benefits for any time that you miss from work. It could also be grounds for termination. You must try to work within the restrictions given by the authorized doctor. If you try, and continue to have problems you should report the problems to your employer and ask to be allowed to return to the authorized medical professional. If you are frustrated by your situation you may want to consult with attorney J. Bradley Baker.
When do workers' compensation benefits begin?
If you are taken out of work completely, and miss more than 7 days of work the workers' compensation carrier will be responsible for paying you workers' compensation benefits. These are called temporary total disability payments. So benefits are due on the 8th day missed following an injury. If you miss more than 14 days of work following an injury then you will be compensated for the first 7 days you were out. In other words, you should be paid benefits from the date of accident forward if you miss more than 14 days. Your temporary total benefits should continue until a medical professional states that you can return to work.
What will be the amount of the temporary total payments?
Temporary total benefits normally equal 2/3 of your average gross weekly wage for the four quarters preceding the date of accident. If you have not been with the employer for four quarters, then the temporary total benefits should equal 2/3 of your average gross wage during the period of time you have been with the employer. Determining the correct compensation rate can be very important. The compensation rate can impact the value of your claim significantly. Attorney J. Bradley Baker can help determine if the compensation rate calculated by the employer/carrier is correct and fair. We often examine payroll records and W-2 forms to determine the correct compensation rate. When determining the correct compensation rate, all payments made to you by the employer during your employment should be considered, including overtime and commissions. Please contact attorney J. Bradley Baker if you have questions regarding your compensation rate.
Contact a Lexington, South Carolina, Lawyer Immediately
If you have questions regarding workers' compensation claims, schedule a free consultation at J. Bradley Baker, LLC. Contact us for an appointment by calling
