What Workers Compensation Benefits Can I Get?
A Guide to Benefits for Injured Workers
Federal and state workers compensation laws provide many benefits to employees injured at work or who develop an occupational disease.
Indeed, many injured workers are unaware of all the benefits they may get after a work accident or the diagnosis of an occupational illness. And the workers comp adjuster does not have to tell you about them.
We want to change that.
This article explains the workers compensation benefits available to you. Although the amount varies by state, the types of workers comp benefits are similar.
Use this information to get the benefits that can serve as a safety net for you and your family when a work-related injury or sickness disrupts everything.
Read on to learn more.
And call us if you have questions about workers compensation in Virginia: (804) 251-1620 or (757) 810-5614.
We have recovered millions of dollars in benefits and workers compensation settlements for injured employees and their families. And we want to do the same for you.
An Explanation of the Benefits Available to Injured Workers
Workers comp provides monetary, medical, and other benefits to covered employees who suffer an injury by accident or occupational disease arising out of and during their employment.
The sections below summarize the types of workers compensation benefits available.
Click on the links for details on how to get the specific benefit you seek.
Medical Benefits
Workers compensation requires your employer to pay for reasonable and necessary medical attention related to your work accident.
Covered care includes:
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- Appointments with primary care doctors and medical specialists (such as orthopedic surgeons, neurologists, psychiatrists, and pain management doctors);
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- Hospitalizations;
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- Diagnostic imaging (like CT scans, MRIs, X-rays, etc.);
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- Surgery (such as spinal fusion, total knee replacement, rotator cuff repair, etc.);
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- Emergency care (in some situations) and
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- Other treatments.
In addition, your employer must pay for prosthetics, orthotic appliances, wheelchairs, canes, and crutches. Further, if these items are medically necessary, the employer must furnish and maintain home and automobile modifications.
Medical treatment (including durable medical equipment and home modifications) for your work injury or occupational illness is free. You owe no co-payments, and there is no insurance deductible.
No monetary cap applies to medical benefits in many states, including Virginia. For example, we have represented injured workers with head trauma, traumatic brain injury (TBI), amputations, burns, and spinal cord injuries whose medical expenses were over $1 million.
Other states, however, may stop medical benefits for work injuries once you reach maximum medical improvement (MMI).
Read this article for more information on medical benefits under workers compensation.
Monetary Benefits for Lost Wages from Disability and Permanent Impairment
Workers comp provides four types of wage loss benefits payable to injured workers weekly.
Your workers comp payment amounts depends on your pre-injury average weekly wage and is subject to maximum and minimum compensation rates and caps on how long benefits can last.
These disability benefits are tax-free.
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- Temporary total disability (temporary total incapacity or TT) benefits replace your earnings when you are out of work.
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- Temporary partial disability (temporary partial or TPD) benefits make up the difference when you return to work but have wage loss due to medical restrictions from the injury or illness.
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- Permanent total disability (permanent and total incapacity) benefits replace wage loss when a work-related accident leaves you paralyzed or with severe loss of use of two or more body parts from the same accident or a brain injury that renders you permanently unemployable.
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- Permanent partial disability (PPD) benefits provide money when you lose a limb, vision, or hearing because of a work accident, have permanent scarring or disfigurement, or have significant permanent impairment in the body part(s) injured. You can receive these benefits after you reach MMI, even if your physician releases you to return to work without restrictions or you have returned to work.
Cost of Living Adjustment Benefits (COLA)
Inflation can diminish the value of wage loss benefits.
Workers compensation recognizes this and provides cost-of-living supplements yearly.
COLA’s value varies depending on economic conditions.
We explain COLA in workers comp here.
Transportation and Mileage Reimbursement
Your employer must reimburse you for mileage (gas) or transportation expenses (Uber, Lyft, taxi, etc.) to medical appointments, vocational rehabilitation meetings, and job interviews.
Alternatively, if you ask, your employer must provide transportation to get to these appointments.
Death Benefits for Dependents
Spouses, children, and parents who financially depend on a worker may qualify for death benefits if a work-related injury or occupational illness is fatal.
Read here for more information about workers comp death benefits.
Burial or Funeral Expenses
An employer must pay burial expenses up to $10,000 and reasonable transportation expenses for the deceased up to $1,000 if a work accident or occupational illness causes death.
Vocational Rehabilitation
Workers comp provides vocational rehabilitation services to help you reenter the workforce if you cannot return to your pre-injury job.
These services include:
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- Job search assistance
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- On-the-job training
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- Payment of education expenses
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- School tuition reimbursement
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- Interview Coaching
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- Resume review
Your wage loss benefits will continue while you participate in and cooperate with the vocational rehabilitation counselor.
Lump Sum Settlements
Although not an “official” benefit under workers compensation acts, it’s standard for injured workers, employers, insurers, and claim administrators (Sedgwick, Gallagher Bassett, ESIS, etc.) to negotiate a settlement to close a case. This agreement is also known as a compromise and release.
All settlements are voluntary.
Am I Entitled to All These Workers Compensation Benefits?
Maybe.
An injured worker may be entitled to one or all of these benefits depending on the nature and extent of the injury and disability.
Get Help Receiving All the Workers Comp Benefits You Qualify For
Workers comp is supposed to protect employees hurt on the job. But the claim process is complicated, and one mistake can cost you tens of thousands of dollars in benefits or more.
You don’t have to go through this process alone.
Our law firm will help you get every workers compensation benefit you deserve.
Call now if you need help with your work injury claim or have questions about your case: 804-251-1620 or 757-810-5614. We are ready to start.
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