What Is Worker's Compensation?
Workers’ compensation is a no-fault form of insurance providing wage replacement and medical benefits to employees who have become injured or ill in the course of employment.
What benefits does worker's compensation provide?
Medical Care
Any medically necessary care to treat your work injury or illness. This includes visits to the doctor, hospital, medications, and prosthetic devices. You may also be reimbursed for travel cost you accrued when seeking treatment.
Temporary Total Disability Compensation
This coverage is based on a doctor’s determination that you are unable to perform any work due to injury or illness. No compensation is immediately paid out unless the disability prevents you from working for more than a total of 14 days. This compensation ends when you return to work or reach medical stability.
Temporary partial disability compensation
This coverage is paid if your work injury or illness prevents you from earning your full regular wage while you are recovering. If you are put on light-duty work that pays less than your regular job, you will be compensated for the loss wages.
Permanent Partial Disability COmpensation
This coverage is paid if your work injury or illness leaves you with a permanent impairment. This compensation begins when your doctor determines that you have reached medical stability; the duration of this compensation is determined according to an “impairment rating” provided by your physician.
Permanent Total Disability Compensation
This coverage is paid if your work-related injury or illness leaves you with a permanent disability that prevents you from returning to your former work or performing any other work that is reasonably available to you.
How do I find out who the workers’ compensation insurance carrier is for my employer?
Most employers are required to have worker’s compensation insurance for their employees. There are a few exceptions, but your employer should have the contact and mailing information posted of the work comp agency in the workplace.
When does workers’ compensation protection begin?
Your coverage starts the day you start your job. It doesn’t matter if you’ve worked a short-time or part-time, you’re entitled to coverage. The self-insured employer or insurance carrier has 21 days after learning of your injury or illness to begin payments, deny your claim, or notify you if further investigation is required.
Can my claim be denied?
Since work comp is a no-fault system, your claim shouldn’t be denied. But, with that said, coverage doesn’t extend to intentional self-inflicted injuries. A case agent will review your claim, if you injure yourself while under the influence of drugs or alcohol you could risk denial of disability compensation, not including medical benefits. If you willfully neglected proper safety procedures, you could receive a reduction in benefits.
What do I do if my employer doesn’t want me to file a claim?
It is illegal for an employer to “intimidate, coerce, or harass an employee with the intent of preventing the employee from making a claim or receiving workers’ compensation benefits” under Utah code 34-2-114. As an employee, you have every right to file a claim for workers’ compensation benefits if you were injured on the job. If your employer drags their feet at reporting your claim within the proper timeline, you could report them to the Bureau of Workers’ Compensation and file a petition for penalties.
How long can I receive workers’ compensation disability compensation?
You eligible to receive temporary total disability compensation until you can return to your regular work, your employer offers you suitable light-duty work, or you reach medical stability. The maximum duration for temporary total disability compensation is 312 weeks within a 12-year period of time from the date of injury.
Can my employer or its insurance carrier require me to go to a specific doctor or hospital for treatment?
Your employer or insurance company may require you to seek treatment by a preferred provider organization, but only for the first visit. If you don’t go to a preferred provider, you may be liable for part of the initial treatment. After the first visit, you can seek treatment from a medical provider of your choice. Be aware that you will be required to share medical records with either your self-insurance employer, insurance carrier, or claims administrator. These records are necessary for determining your claim and appropriate compensation for your injuries.
Can I refuse an offer of light-duty work from my employer?
Not without risk of losing your temporary disability compensation benefits. If your employer offers you suitable light-duty work, you are required to accept or provide a statement indicating why you can’t work.
Work-related injuries must be reported within 180 days to your employer of the Utah Labor Commission. You have six years from the date of the incident to seek workers’ compensation benefits.
questions?
If you have any questions regarding your workers’ compensation claim, call McMullin Injury Law. Our attorneys help people get the compensation they deserve.
Give Us A Call!
You’ll be immediately connected to an attorney. We’re happy to walk you through all your options and answer all your questions for free so that you can make informed decisions about what is best for you and your family.