You may be eligible for medical care and lost wage benefits (known as indemnity benefits).

Temporary Total Disability benefits (TTD) if you are on a no-work status.

Temporary Partial Disability benefits (TPD) if you are on a light duty work status.

Impairment Income Benefits (IIB) if you have reached maximum medical improvement (MMI) and are assigned an impairment rating by the authorized doctor.

Permanent Total Disability Benefits (PTD) if you have reached maximum medical improvement and you are no longer employable.

The first step is to calculate your average weekly wage (AWW).  In most circumstances, your AWW is based on your average gross earnings for the 13 weeks prior to your accident.  However, there are some exceptions.  Your lost wage benefits are then calculated as follows:

TTD – 2/3 of your AWW, up to the maximum compensation rate for the year you were injured.

TPD – 64% of your AWW if you have no earnings.  If you are working light duty, benefits are calculated as follows: AWW x 80%, then subtract your gross wages and then calculate 80% of that amount.

IIBs – 75% of your TTD rate.  However, for any week you earn at least the amount of your AWW, the insurance company can reduce your benefit by 50%.

PTD – 2/3 of your AWW.  You can also receive a cost of living increase of 3% per year until you turn 62 years old.

Assuming you did not return to work after your accident, your first payment should be issued no later than 14 days after your accident.  There is a 7 day waiting period where the insurance company does not have to pay indemnity benefits for the first 7 days, unless you are unable to return to your regular job within 21 days.  In that case, the insurance company should issue payment for the waiting period 21 days after your accident.

Unfortunately, the law permits the insurance company to choose your doctors.

The law permits you to one change in doctor, even if you are seeing multiple doctors.  The insurance company is permitted to choose the new doctor if they notify you of their choice for the new doctor within 5 days of the request.  Otherwise, you can pick the new doctor.

If the insurance company has authorized medical care for your work-related injury, you should not use your health insurance

There is no time limit on a workers’ compensation case as long as you receive an indemnity payment or authorized medical care within 2 years of your date of accident and at least once a year after that.

If you disagree with your treating doctors, you can hire a doctor to serve as your expert witness for a one-time evaluation.

If you develop pain from a repetitive activity at work, you may be eligible for workers’ compensation benefits even if you did not suffer an accident or acute injury.  However, these cases can be complicated and proving a repetitive trauma injury can be difficult, so you may want to consult with an experienced workers’ compensation attorney.

No, workers’ compensation benefits, including indemnity benefits, are not taxable.

You can settle your case at any time.  However, you should be careful not to settle your case too soon, as you may require surgery or other expensive medical care.  If the settlement amount is not enough to pay for your treatment and cover your lost wages, you cannot re-open your case (except for some rare exceptions).

Yes, you can receive workers’ compensation benefits even if you leave your job of injury or start a new job.  However, quitting your job of injury could have a negative impact on your benefits, so you should consult with an attorney prior to quitting your job.

In most cases, you will not be eligible for workers’ compensation benefits.  However, there are several exceptions that are very fact specific and you should consult with an experienced workers’ compensation attorney.

If your workers’ compensation case is denied, you should consult with an experienced workers’ compensation attorney to see if the insurance company wrongfully denied your case.  Even if you are receiving workers’ compensation benefits, you should consult with an attorney, as you may not be receiving the correct amount of indemnity benefits, your benefits may not be provided in a timely manner or you may not be receiving all of the indemnity or medical benefits you are entitled to.