Worker’s Compensation

The first thing you should do after you’ve been injured at work is to notify your supervisor or HR department. With very few exception—such as employer’s actual notice—you must notify your employer within 14 days of your injury, otherwise you will not be able to receive worker’s compensation benefits.

Your employer will fill out a “First Report of Injury” (also called “FROI”). This document is required by law and the employer has 10 days to report the injury to the employer’s insurance company. If your disability lasts for more than 3 calendar days, the insurance company must file the FROI with the Department of Labor and Industry. You are entitled to a copy of the FROI and in a lost-time claim, your union (if applicable) would also receive a copy.

Yes, you should. If the injury ends up being worse than you originally thought, and you do not follow the rule regarding notification of your employer within 14 days (as mentioned above), your employer may be able to lawfully deny benefits to you should you try to seek them later.

It is very important to see a medical professional so you have evidence that your injury is causally related to an accident that happened at work. An employer or an insurance company is much more likely to accept your claim, hence providing you with benefits, if you have a medical report or doctor’s note stating that your injury was caused by an incident at work. You will also want to have your doctor provide a Report of Work Ability form.

Additionally, should your claim end up in litigation, a worker’s compensation Judge will be more likely to believe that (1) you have an injury; and (2) the injury occurred at work if you have a medical report/doctor’s note/etc. that says so.

Further, your employer will be required to pay for the medical care and treatment prescribed by the doctor.

When you see the doctor, the doctor will provide a Report of Work Ability (RWA) form. This provides the employee and employer with information about the ability of the employee to work. If the employee is unable to work (temporary total disability or TTD) for 3 calendar days, then the employee will be entitled to a wage loss claim. If the disability is for more than 10 calendar days, the compensation will commence on the first day of the inability to work. If less than 10 days, the employee will not be compensated for the first 3 days.

You will not be receiving the same amount of money you would if you were working. You are only entitled to roughly 66% of your pre-injury wages.

Temporary Partial Disability (TPD): An employee might be entitled to this type of benefit if the employee is able to return to work but cannot work the same number of pre-injury hours or work in the same position as the employee did before the injury.

Permanent Partial Disability (PPD): Once your doctor has determined that your injury will not heal, you have reached maximum medical improvement (MMI). If you have not retained 100% pre-injury ability due to the injury, you might be entitled to this type of benefit. Most states provide for a set amount of money to be paid for impairment of certain body parts.

Permanent Total Disability (PTD): If your doctor has determined that you have reached MMI and cannot return to work, you might be entitled to this type of benefit. Examples include: you have loss of sight in both eyes, loss of both arms at the shoulder, loss of both legs and no artificial limb can be used, or complete paralysis or loss of mental faculties.

If the employer has admitted liability:
First, call the claims adjuster at the insurance company or the administrator of the self-insured employer. Explain your situation to this person.

If your employer has denied liability:
It often happens that an employer, through their workers’ compensation carrier, will deny liability for an injury suffered at work. If you are injured at work and have received a denial of medical coverage, please contact our firm. WFJ can assist in having this denial reversed if you were injured while on the job.