Wrongful Death Q&A

AWorkers’ Compensation is a benefit program created by state law that provides medical, rehabilitation, income, death and other benefits to employees and dependents due to injury, illness and death resulting from a compensable work-related claim covered by the law.

AWorkers’ Compensation coverage begins the first day of employment. Employers with three or more employees are required by law to provide coverage.

AAny injury, illness or death arising out of and in the course of employment is by definition a compensable work-related claim. This means if employees are injured while performing assigned job duties during assigned work hours, they are covered under the workers’ compensation program. Injuries sustained while engaging in unassigned duties, during lunch and breaks, are not covered. In addition, injuries that occur during an employee’s normal commute to and from work are not covered.

ANo. Workers’ compensation is the “exclusive remedy” a worker has against his/her employer for damages resulting from an on-the-job injury.

A

The Workers’ Compensation Statute provides four basic income benefits. The maximum amount of weekly workers’ compensation benefits an employee can receive from an on-the-job injury, illness or death depends on the workers’ compensation rate at the time of the injury and the employee’s average weekly wage. Benefits cannot be combined. Only one type of benefit is payable at a time.

Temporary Total Disability (TTD) Benefits – This benefit is payable to an employee who is injured on-the-job and unable to work as determined by the authorized treating physician. The amount is two-thirds of the employee’s average weekly wage at the time of the injury, not to exceed the maximum allowed under las. For non-catastrophic injuries, there is a limit of 400 weeks of benefits from the date of injury if the injury occurred on or after July 1, 1992. For catastrophic injuries, benefits are unlimited.

Temporary Partial Disability (TPD) Benefits – This benefit is payable to an employee when he/she returns to work in a job paying less as a result of an on-the-job accident. These benefits are payable for up to 350 weeks from the date of injury. This lost wage amount is two-thirds of the difference between the employee’s average weekly wage before and after the injury. The maximum amount payable cannot exceed the maximum amount allowed under law.

Permanent Partial Disability (PPD) Benefits – This benefit is payable to the employee for a permanent disability resulting from an on-the-job injury. It is payable based upon a percentage given by your authorized treating physician in accordance with current AMA Guidelines. The percentage is calculated by a formula that contains number of weeks assigned by the State Board x the percentage rating x the TTD rate. Not all injuries result in ratings assigned by a physician.

Death Benefits – This benefit is payable to eligible dependents (i.e. dependent spouse, minor children) of an employee whose on-the-job injuries result in death. This benefit is payable at the rate of two-thirds of the deceased employee’s average weekly wage at the time of the accident not to exceed the maximum allowed under the law for all eligible dependents. Funeral expenses are payable up to the maximum allowed under the law at the time of injury.

A

The Workers’ Compensation Statute provides for reimbursement of certain reasonable personal expenses incurred to obtain medical treatment. This includes such things as mileage, meals, lodging and other expenses, in limited instances that are deemed necessary and appropriate in order to ensure you receive quality medical care.

Be sure to use the Mileage and Parking Reimbursement form to record your expenses. You must also keep your receipts for all expenses incurred, such as parking.