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Workers' Compensation Benefits

Compensation for On-the-Job Injuries

According to state law, any company that employs four or more employees is required to carry a workers' compensation policy to cover its workers in the event of an accident on the job. All construction companies are required to have a policy in effect, due to the high incidence of accidents in this field. If you have been injured at work, you are most likely entitled to receive benefits through this program, but this does not mean that you are guaranteed to receive the amount you need and deserve.

Medical Benefits Through Workers' Compensation

Workers compensation benefits include full payment for all necessary medical treatment. The system was set up so that you would not be forced to pay the costs of treating an injury suffered on the job. Medical care can include emergency treatment, hospitalization, visits with your doctor, prescription medication, prostheses and other equipment, rehabilitative treatment and any other type of care you may require as a result of the accident. You can even claim reimbursement for your mileage in traveling to and from the doctor's office. Keep all receipts and invoices for medical expenses so that you can include them in your claim for compensation.

Workers' Comp Disability Benefits

The amount you can receive benefits for lost wages is generally calculated at two-thirds of your average weekly wage. This figure is based on the amount you have been paid over the last 13 weeks before the date of injury. There are several different types of wage loss benefits:

  • Temporary Total Disability –Paid in cases where the individual cannot work while recovering from the injury but is expected to heal
  • Temporary Partial Disability – Available to individuals who are unable to return to work at full capacity, provided that the worker cannot earn at least 80% of the pre-accident wages
  • Impairment Benefits – Paid based on the percentage of disability—also referred to as an "impairment rating"—which is assigned in cases where the worker has achieved the Maximum Medical Improvement and is not expected to improve any further but still has some restriction
  • Permanent Total Disability Benefits – Paid when the Maximum Medical Improvement has been achieved yet the individual is sufficiently impaired that he or she will not be able to return to work

It is also possible to claim death benefits for a fatal accident on the job, and this type of compensation pays up to $150,000.

When Workers' Compensation Is Not Enough

Given that workers' comp benefits will not typically fully replace the income you have lost, you may be facing considerable financial struggles even if your claim is fully approved. Fortunately, you might have other options for pursuing compensation. Bring the case to us at Weinstein & Scharf, P.A., where an attorney from our team is ready to review the situation and determine whether you have grounds for a personal injury claim. If another person caused or contributed to your accident, you may be able to sue for damages to cover all of your lost income, medical expenses and even pain and suffering.

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