4 Types Of Workers’ Compensation Benefits Injured Employees Could Be Entitled To

There are two categories that workers’ compensation benefits will fall under:

- Medical benefits
- Indemnity benefits for lost wages (vocational rehab or disability pay)

4 Primary Benefits Given To Injured Workers

The majority of state laws on workers’ compensation provide four benefits to injured employees.

1 – Medical Care

A person who has been injured on the job has the right to seek medical treatment to fully treat or relieve injury effects. Medical care will involve medical bills, prescriptions and possibly hospital mileage. Some plans may require a person to use the company doctor for a maximum of 30 days (one month). After this time frame, the patient can request another doctor but it must be made in writing.

2 – Temporary Disability

If you person has been injured on the job and must take time off from work to recover from it, he/she could receive temporary disability payments, which is compensation for wages lost. There are limits to the pay rate for temporary disability but it’s generally two-thirds the employee’s weekly gross pay. The way this benefit works is that a doctor must verify the employee’s inability to work and it must be done every couple of weeks.

3 – Permanent Disability

If an employee is unable to entirely recover from the injury’s effects, they could receive a monetary award for the permanent disability.  When a person is permanent disable, it means they have lost some or all of their ability to compete in the job market alongside “healthy” workers. How much permanent disability payments are will depend on several mitigating factors such as:

- Age
- Type of job
- Earnings when injured
- Limitation of activities due to injury

4 – Vocational Rehab

If your injury keeps you from getting back to work, vocab rehab – if included in the benefits – could help you to attain another job. During this time, you’ll be eligible for partial income (similar to what you get with temporary disability). There is a maximum monetary limit to the vocational rehab and could be replaced with an employer’s offer for another position in the company.

What Will Happen Upon Going Back To Work

If an employee goes back to work and earns wages that are greater than or equal to what they were making before the injury, workers’ compensation benefits are likely to be terminated. If an employer still suffers with a wage loss because of the injury, they may still qualify for benefits. Two possible benefits include:

1 - Temporary partial – These are disability benefits that are payable to an injured employee who has suffered a workplace injury and is disabled temporarily but can still earn a wage in spite of it.  The benefits are typically based on a percentage difference between the employee’s before injury wages and his/her post injury wages.

2 - Temporary total – These benefits are given to injured employees who cannot work in any capacity because of the injury. The temporary total benefits are typically based on a percentage of the before-injury earnings the injured employee was making.

Should You Get A Workers’ Compensation Attorney Involved

If you are injured on the job, it’s imperative that you file the workers’ compensation claim right away. Should anything be disputed in regards to that claim, you can hire an experienced workers’ compensation lawyer to help you with the process. After all, they can tell you what the law does and does not allow and what your rights are in case you have to go to court.