Tag Archives: permanent disability

Worker’s Compensation: How It Can Help You

As outlined in a previous post, there are a number of steps you should take when seeking workers compensation rights after a workplace-related injury. Among these include promptly filing an accident report, and seeking immediate medical attention. Once you have successfully proven your case for a workers compensation claim, there are several benefits you can receive that will help you in your post-injury healing. Some of the most common types of benefits in cases of workers compensation include paying for medical treatment, paying for wages lost during the rehabilitation period, and even benefits that will provide for the worker if they have been rendered disabled by the accident.

Medical Benefits: This is the most common type of restitution seen in cases of workers compensation. If you are injured on the job, any medical bills or treatments that naturally arise out of the incident will be paid for by your employer. This includes prescriptions, hospital fees, and doctor’s visits within reason. The employer has the right to choose the physician, but if the treatment is not sufficient, the injured worker must inform their employer. They would then potentially have the option to seek out their own medical care, but only after the employer has had the opportunity to find a qualified doctor.

Temporary Total Disability Benefits: This comes into effect if the worker has been rendered disabled for more than seven days by the incident. They will be eligible to receive benefits of 70% their average weekly rate, and will end when the worker has returned to work or been healed enough that there is no additional treatment that can be provided.

Permanent Partial Benefits: These benefits are provided if the injury will affect the employee for the rest of their life, even if only in part. This is decided on the basis of ‘scheduled’ and ‘non-scheduled losses’, and are paid weekly after the temporary disability benefits. Scheduled losses include many appendages, such as arms, hands, fingers, legs, feet, toes, eyes, ears, and teeth. Anything not included in those, such as back, heart, and lungs, are considered non-scheduled.

Permanent Total Benefits: If the worker has been so grievously injured that they can never again hold gainful employment, they may be eligible for permanent total benefits, at an initial period of 450 weeks, or just over 8 and a half years. If the worker can prove after that time that they are still unable to work, they will be based on the income the employee had at the time on the injury. This is also instituted in situations where the worker is no longer employable, including the loss of two or more major body parts, including feet, arms, or eyes.

If you are in need of workers compensation rights for an accident that took place at your employment, and need assistance understanding your rights, we can help. At John L. Schettino Law, we will provide you with a free phone consultation and expert counsel on workers’ rights. Give us a call today at (201) 498-9768 to learn more.