Frequently Asked Questions
about Workers' Comp
Question: Can my employer fire me if I
am out and receiving workers' compensation benefits?
Answer: Yes. You should not be
fired in retaliation for filing a worker's compensation
claim. However, the workers' compensation law does not
require your employer to hold your position for you until
you can return to work.
Question: When will I get my first
check?
Answer: The earlist date you can
expect your first check is within 3 weeks of your injury.
This can only happen if you reported your injury to your
employer immediately. The carrier is required to send a
check within fourteen days after learning you will be
disabled for more than a week.
Question: When is impairment rating
assigned?
Answer: When you reach maximum
medical improvement (MMI), your treating doctor must give
you an impairment rating if you have loss of function of a
part of your body. When that date is approaching, it is
important that you let our office know.
Question: Must I be released to
full duty before I can return to work?
Answer: No. Your doctor may release
you for modified or light duty work before you have reached
maximum medical improvement (MMI).
Question: My employer will not
report my injury to the insurance company. What can I do?
Answer: If your employer refuses to
complete the DWC-1, the injured worker should contact the
Employee Assistance Office at 1-800-342-1741. Personnel at
this toll-free number may intervene on your behalf.
Question: Is there a period of time
after which my claim us no longer open?
Answer: For dates of accident on or
after 01/01/1994, there is a statue of limitations which is
one (1) year from the date of last payment of any indemnity
benefit or furnishing of medical treatment.
Question: Can I get a settlement
for my claim?
Answer: Settlements of workers'
compensation claims are not automatic. The injured worker
and the Employer / Insurance Carrier may complete a
settlement / washout of your claim under certain
circumstances.
Question: Can I choose my own
doctor?
Answer: No. Your employer or its
workers' compensation insurance carrier can choose the
doctor to treat you. If you are unhappy with the doctor
chosen by the carrier or want to request a second opinion,
we must ask the carrier to provide you with another. AS a
general rule, you can not go to a doctor the insurance
company has not approved. If you go to your own doctor, you
will probably end up responsible for payment of the bills.
Question: What is the time limit
for filling a Petition for Benefits?
Answer: Except in certain
situations, all injured worker Petitions for Benefits must
be filed within two years of the date of injury or death.
Question: Is my employer required
to have workers' compensation insurance?
Answer: Employers with four or more
employees, part-time or full-time, are required to have
workers' compensation coverage. An employer in the
construction industry with one or more employees is required
to have insurance. |