Workers’ Compensation Benefits
What Benefits Are Available through Workers’ Compensation?
If you have been injured on the job and are eligible to file a claim for workers’ compensation, you stand to receive benefits to help replace your lost wages and to pay for the medical treatment you require. It is important to understand the different types of benefits are available, as well as knowing the full extent of benefits that you are entitled to receive. Here is a brief overview of the different types of workers’ compensation benefits:
Your workers’ compensation claim can include payment for any and all treatments which are deemed to be medically necessary for your injury. This can include emergency medical treatment and hospitalization, diagnostic tests such as X-rays, MRIs and blood work, as well as physical therapy, chiropractic care and any other type of treatment you may require to achieve the fullest possible recovery. You can additionally receive prescription medications and medical devices which may be necessary for continued treatment of your condition. The medical workers’ compensation benefits can continue until the point when your physician determines that you have reached the maximum medical improvement (MMI), the stage at which your illness or injury is not expected to improve any further even with continued treatment.
Cash Benefits for Disability
The amount you can receive in cash benefits is calculated at two-thirds of your average weekly wage, but this figure is modified by your disability rating, which is a term used to refer to a numerical percentage of how disabled you are as a result of your injury or illness. Simply put, if you are totally disabled, your disability rating would be assigned as 100 percent, while if you are only partially disabled you might receive a rating of 50 percent, or more or less depending on the severity and scope of your impairment. For example, if you normally earn $800 per week and are 100 percent disabled, your cash benefits may be computed at $533.33 per week, while if you receive a rating of 50 percent the benefit would be $400 per week. If you are permanently partially disabled and can return to work only in a limited capacity, you can receive benefits at a rate of two-thirds of the difference between your previous pay and the amount you are now receiving.
Death Benefits for On-the-Job Accidents
In the event that you have lost a loved one in an accident in the workplace, your family may be eligible to receive death benefits. This can include up to $6,000 in payment for funeral expenses, as well as cash benefits in the value of two-thirds of your loved one’s average weekly wage for the year preceding the fatal accident.
Maximize Your Workers’ Comp Benefits
Many people who have been injured at work and are filing for workers’ comp make a mistake in thinking that the fact that they are entitled to receive a certain amount of benefits means that they will receive that amount. The reality is that there is no guarantee that your claim will be approved for the full amount you are due, and in fact the insurance company is likely to use any available excuse to minimize or even deny your claim. You need an experienced Long Island personal injury attorney on your side to help you prepare your claim, represent you throughout the process and fight to maximize the amount you finally receive in benefits. Contact us now at Jaghab Jaghab & Jaghab, P.C. for a free consultation to discuss your situation and to learn how much your claim for workers’ compensation benefits could be worth!