The rules are different in each state, but generally, workers’ comp covers:
- A tax-free percentage of your pay (usually around two-thirds)
- Medical costs (including equipment, physical therapy, etc.)
- Vocational rehab where necessary (if you cannot do your previous job)
- Survivor’s benefits to family members for work-related death
The above list is not all-inclusive, because the rules vary in different states.
Permanent and Long-Term Illness and Injury
Lifelong benefits are costly, so you will need an attorney to help you win against your former employer and the insurance company. What constitutes a permanent disability that bars you from all work is different in each state, but it usually has to be something like permanent blindness, paralysis or double amputation.
You can receive permanent partial disability when your doctor pronounces that your physical condition has improved as much as it is likely to, and you are still partially disabled. Permanent partial disability will allow you to go back to work, albeit at a different job, and still receive lowered workers’ comp benefits.
Requirements for Choosing a Medical Provider
Requirements for choosing a health care provider depend on the rules in your state. Some states require the insurance company to have a network of providers to choose from, while in other states, your employer chooses a “panel” of at least three doctors, and you must pick a provider from the panel. The rules may be strict in order to prevent workers’ comp fraud.
Wages and Types of Disability
Disability generally falls into two categories, total and partial. Beyond these categories, it is classified into temporary or permanent. The category(s) your disability falls into and the state your company is located in will determine what percentage of your wages you will receive.
Let’s use an example: Billie worked for the electric company in Indiana and lived near her job but across the state line in Kentucky. While she was working on a power line, her harness broke, and she fell, breaking both legs and shattering an elbow. She filed her claim in the state where she worked.
At first, she was totally disabled, and she received the maximum payment allowed in Indiana with the help of her workers’ comp lawyer. The state rules put a cap on payments, and two-thirds of her electrician pay exceeded the cap, but she was able to get by on the money she received while she healed, though her means were greatly reduced.
Her attorney also filed a lawsuit against the makers of the defective harness, and she looked forward to receiving a settlement or judgment from that case. Eventually her legs healed completely, but she would never recover the use of her right arm. She was permanently partially disabled. She could return to work with additional training, but she couldn’t do the job she did. With the help of her lawyer, workers’ comp paid for her training to do a new job and also paid her permanent partial disability payments for life.
After the harness manufacturer settled, she used the money to open her own business and was able to be happy and comfortable, and she loved her new work. Billie knew that things might not have turned out so good for her and her kids if she had not decided to call a good workers’ comp law firm for help. She knew how insurance companies worked to deny or reduce claims, so she called for help filing her workers’ comp claim right away. Her attorney stuck with her throughout the long ordeal, so she didn’t have to face it alone.
Call Isaacs & Isaacs for Help With Filing Your Claim
The above example is fictional, but it represents the kinds of issues that can come up with a work-related injury. There’s no typical case because people can and do get injured in a lot of different ways, and their injuries are also different. To further complicate things, the rules are different, sometimes a lot different, depending on which state you work in.
We urge you to get help with the workers’ comp claims process. Isaacs & Isaacs has a 99-percent success rate in recovering maximum compensation for our clients in Kentucky, Ohio and Indiana. You don’t have to pay us anything until we win your case or claim. We are here for you around the clock. Call 800-800-8888 now for help getting the compensation you deserve.