FAQs
Workers’ Compensation
Frequently Asked Questions (FAQs)
The following are answers
to some of the most commonly asked questions about Workers’ Compensation:
Who is required to provide workers'
compensation coverage?
What must an employee do when an injury
occurs?
What should be done if the employer fails
or refuses to report an injury?
Who provides and directs medical treatment?
What are my rights regarding Social
Security benefits?
What is a work-related disease or illness?
Can I be reimbursed for sick travel?
When do I become eligible for lost wage
compensation?
How long is an employee eligible to receive
lost-time benefits?
What is permanent partial disability?
Q: Who is required to provide workers'
compensation coverage?
A: While that varies from state to state,
typically an employer is any person who employs another to perform a service for
hire. Many states require employers with three or more employees to provide
workers’ compensation coverage.
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Q: What must an employee do when an injury
occurs?
A: The employee must immediately report the
injury to the employer. The information should include the exact date and time
and location of the accident.
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Q: What should be done if the employer fails
or refuses to report an injury?
A: The employee should file a claim immediately
with the state’s industrial commission, workers’ compensation board or state
labor board. A person who has been denied workers’ compensation would benefit
greatly from contacting a workers’ compensation lawyer. A workers’ compensation
attorney will have the information that you need to help you file a petition and
any other legal action needed to receive your benefits.
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Q: Who provides and directs medical treatment?
A: This varies depending on the state. In some
cases, the employer has the right to choose the initial caregiver and the
employee has the right to choose a physician for follow-up purposes. Many
times, the employer or its insurance company provides and directs medical
treatment. Most employers are required to have a list available of doctors and
medical facilities with whom they offer treatment. Certain rulings may permit
the employee to change physicians or approve a physician of the employee's
selection when good grounds are shown. However, payment by the employer or
carrier is not guaranteed unless written permission to change physicians is
obtained from the employer, carrier or court system before the treatment is
rendered. If you change a physician, you must notify your employer or their
insurance; otherwise they may not be responsible for payments.
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Q: What are my rights regarding Social
Security benefits?
A: If a total disability stops you from working
for at least six months and your recovery will last at least one year from the
date you became disabled, the law entitles you to
Social Security Disability
Benefits.
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Q: What is a work-related disease or illness?
A: Long term exposure to chemicals, dust, fumes, solvents and various compounds
or the repetitive nature or your work may cause a serious illness or disease or
irritate an existing medical or physical condition. You are eligible for
workers' compensation if your job causes, in whole or in part, your disease or
illness.
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Q: Can I be reimbursed for sick travel?
A: Reimbursement for travel varies state by
state, but many states offer reimbursement by the mile. To see if your state’s
workers’ compensation plan offers mileage reimbursement, please see our
state by state listing of workers’ compensation laws.
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Q: When do I become eligible for lost wage
compensation?
A: In most states, no compensation is due for the
first seven days of lost time unless the disability exceeds a certain amount of
days, generally ranging from 14 days to 21 days. To find the exact amount of
time for eligibility by state, please see our
state by state listing of workers’ compensation laws.
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Q: How long is an employee eligible to receive lost-time
benefits?
A: Typically until the employee is able to return
to work.
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Q: What is permanent partial disability?
A: Total loss or partial loss of use of a member
of the body or inability to earn the same wages in any employment as earned at
the time of injury. For more information, please see our
Workers' Compensation:
Partial Disability page.
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