Workers’ Compensation FAQ’s

Yes. Most cases finish with a monetary settlement.

Generally a totally disabled individual receives 60% of his pay to a maximum of $1,431.66 weekly. The minimum total disability rate is $286.33. These amounts change annually. Partial disability benefits are paid at a maximum rate of 75% of total disability.

Total disability benefits are paid for a maximum of three years. Partial disability benefits are paid for a maximum of five years. Combined, an individual can receive seven years of benefits. In the event that an injury is permanently and totally disabled, then lifetime benefits are paid.

Workers’ compensation benefits are not taxable.

An individual who has more than one job and is disabled from these additional jobs can be paid for all income as long as the income is insured for workers’ compensation purposes.

An injured worker is obligated to see the employer’s/insurer’s doctor just once. Thereafter the individual has the right to choose his own doctor including a second opinion.

An injured individual does not have to pay co-pays or deductibles for medical treatment. All medical treatment is paid in full by the insurance company.

An attorney can be paid two ways in a workers’ compensation case. First, if the injured worker prevails at the Department of Industrial Accidents, then the attorney is paid by the insurance company. If you lose at the Department of Industrial Accidents, then no fee is paid to the attorney. The second way is through settlement. If a case settles with an acceptance of liability (medical treatment left open), then the attorney can charge a fee of 20% of the settlement. If the case settles on an unaccepted basis (all future rights closed out), then the fee is 15%.

Scars that are on the face, neck or hands are compensable under the Workers’ Compensation Law.

Under most circumstances an injured worker who is unable to return to his former employment can be retrained for a new occupation. Retraining is limited to two years of schooling. This is paid by the insurance company.