Types of Workers' Compensation Benefits

When it comes down to it, there are four common types of workers' compensation benefits. And those are:

  • Medical treatment benefits
  • Disability benefits
  • Death benefits
  • Supplemental job displacement benefits

At Gilbert, Blaszcyk & Milburn, we can help you with your workers' compensation claim and get you the benefits you deserve. Know your rights about workers compensation. Check out some more information about these claims and how they may apply to you!

For a no-obligation consultation, please contact our law firm today.

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We will happily answer any questions you may have about your work injury and the benefits you are looking to get. As your attorney for your work injury, we will work tirelessly to get you the benefits you deserve! We understand that the field of workers' compensation claims can be confusing and difficult to navigate. So when you turn to our firm, you can gain a peace of mind knowing you are in the right hands.

Medical Benefits

Number one on this list is medical benefits. The most common benefit one expects to receive after a work injury. Largely, workers' compensation provides medical care that is "reasonable and necessary" to aid in the recovery of the work injury. This includes doctor's visits, medication, therapy, chiropractic care, medical mileage expenses and surgery.

When it comes to medical care under the guise of workers' compensation, it is highly regulated. So it is important to file your claim properly to make sure you get the benefits you deserve.

Typically how this works is that an insurance carrier gets a request for medical care which need authorization. The insurance carrier can and usually will have their own doctor review this request. If the insurance carrier approves and/or certifies the care, then the authorization of the care is complete. You can seek medical care. However, if anything along the way is denied or not certified, then you must file an appeal within 30 days of that denial.

Confusing? We understand! Which is why our Long Island work injury law firm is there to help you make sure you file and/or appeal your claim properly. Get workers compensation representation that works for you!

Disability

When you have a work injury that affects your ability to work, then you may be eligible for disability benefits through a workers' compensation claim. This claim is either a temporary disability claim or a permanent disability claim.

Temporary Disability

When you file a temporary disability (TD) claim, it pays the injured worker in question during the period of time they are out of work due to the injury. Typically, this is a few weeks or months following the injury or surgery. The weekly benefit rate is two-thirds of the average weekly wage. If the claimant's wages change from week to week, then there is a calculation based on the average weekly wages made during the past year. Then the claimant is paid two-thirds of that amount. In general, the maximum time a temporary disability lasts is 104 weeks.

Permanent Disability

Permanent Disability benefits (PD) can be paid to people who have not fully recovered from their work injury and have suffered impairment to the body that is not expected to go away. So they will be dealing with this work injury for the rest of their life, thus a permanent disability claim. When calculating the permanent disability rate, one must consider a few different factors. This includes the medical information available, the earnings at the time of injury, and the worker’s age and occupation. To properly assess the injury, a doctor evaluates the patient according to the guidelines established. A permanent disability benefit is paid out weekly. The higher the percentage of the disability, the more weeks the benefits get paid out.

Supplemental Job Displacement Benefits

A supplemental job displacement benefit is a voucher that promises to help pay for educational retraining or skill enhancement where eligible. Some common uses for this voucher is for tuition, fees, books, tools and any other expenses you may need for schooling, licensing or professional certification fees or exams. And even test prep for those exams.

Those who qualify for a supplemental job displacement benefit have the following:

  • The work injury causes permanent partial disability.
  • Employer does not offer regular, modified, or alternative work within 60 days of the termination of temporary disability.

Death Benefits for Dependents

Then we come to those who unfortunately get killed by a work injury. When this happens, the benefits go to the dependents of the victim. Typically, the death benefits go the deceased worker's minor children or spouse. However other dependents can claim the benefits. Death benefits pay out at two-thirds of the worker's average weekly wage before the incident. These benefits also include any funeral and burial costs.