What is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who’s health is negatively affected as a result of their job. Benefits can include income replacement, medical expenses, and death benefits.

The benefits an employee is entitled to depends on the severity of their injury or illness. In some cases, employees may also be eligible for vocational rehabilitation or retraining.

The Law Offices of Harley Merritt has a proven track record of success in helping our clients navigate the workers’ compensation system and obtain the benefits they deserve. If you have been injured on the job, we encourage you to contact us today for a free consultation.

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What benefits an injured worker receives?

Injured workers are entitled to compensation and work comp benefits, some which they may be unaware of. Depending on the specifics of your claim, Workers’ Compensation benefits typically include:

Workers’ Compensation offers medical treatment and care for people who have been injured or become ill on the job. Workers’ Compensation is designed to ensure that employees receive timely and appropriate care for their injuries, regardless of whether their employer was at fault for the incident.

Temporary total disability is a benefit provided through workers’ compensation, which allows individuals to receive compensation for lost wages if they are unable to work due to an injury or illness. This type of disability is usually temporary in nature, typically lasting anywhere from several days to a few weeks or months at most. There are many factors that can determine the length and severity of temporary total disability, including the nature and extent of the injury as well as any pre-existing conditions.

TPD is when you are allowed to work, but you have work restrictions (examples: “light duty”, no overhead lifting, no driving for longer than 30 minutes at a time, working half shifts) as your regular job would interfere with treatment or agitate your injury.

If an employee is unable to work due to their injury or illness, they may be eligible for Temporary Partial Disability (TPD) benefits. TPD benefits provide a percentage of the employee’s lost wages, up to a maximum amount.

You may be eligible for a SJDB work voucher after being deemed temporarily or permanently partially disabled if your injuries have prevented you from returning to your employer’s workforce.

How to settle a claim?

Once it comes time to settle your case, you should be aware of your two options. Settlement is a huge decision that shouldn’t be made lightly, and as your attorney, Harley will offer you his sound legal advice.

  1. Settlement by Stipulation or Stipulated Award: Normally, work-related injury claims are settled for the dollar amount attached to your percentage of disability; however, in this case, you retain your right to lifetime medical treatment for your injury (all treatment and medications are still subject to the approval of your insurance company). Until your settlement is paid in full, you receive bi-weekly payments.
  2. Compromise and Release (also known as C&R): As a result of giving up your right to future lifetime medical, your case settles for the dollar amount based on your percentage of disability. Settlements are received in one lump sum.
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