WORKERS’ COMPENSATION FAQ

What should I do if I am injured at work?

If you are injured on-the-job, you should report your injury to your employer immediately.  Failure to report your injury to your supervisor, foreman, or another representative of your employer within 30 days of the accident may result in the loss of your workers’ compensation benefits.


If I am hurt on-the-job, can I treat with a physician of my choice?

In most circumstances, if you are injured on-the-job, you will be required to select a medical provider from a list of physicians posted by your employer in a prominent location.  However, there are circumstances that will allow you to select a physician of your choice.  Contact an experienced workers’ compensation attorney to advise you of your legal rights.


When does my coverage for workers’ compensation begin?

You are covered by workers’ compensation on your first day of employment.  All employers with 3 or more employees are required by law to carry workers’ compensation insurance.


What type of injury is covered by workers’ compensation?

Any injury, illness, disease, or death that arises out of and in the course of employment is covered by workers' compensation.  In other words, if you are injured while you are performing your assigned job during your assigned work hours, generally, you will are covered by workers' compensation.  There are some exceptions to this general rule.  We recommend that you speak to an experienced attorney if you have any questions or concerns about whether your injury, illness, disease, or a family member's death is covered by workers' compensation.


What type of workers’ compensation benefits is an injured worker entitled to?

There are 4 basic types of disability benefits: Temporary Total Disability (TTD); Temporary Partial Disability (TPD); Permanent Partial Disability (PPD); and Death benefits.  The weekly rate and number of weeks of disability benefits that an injured worker receives depends on a number of factors such as the injured worker's Average Weekly Wage and the date of his or her accident.  An injured worker can receive only one type of disability benefit at a time, so benefits cannot be combined.  There are 4 basic types of disability benefits: Temporary Total Disability (TTD); Temporary Partial Disability (TPD); Permanent Partial Disability (PPD); and Death benefits.  The weekly rate and number of weeks of disability benefits that an injured worker receives depends on a number of factors such as the injured worker's Average Weekly Wage and the date of his or her accident.  An injured worker can receive only one type of disability benefit at a time, so benefits cannot be combined. 

  1. Temporary Total Disability: Temporary Total Disability (TTD) benefits are payable to an injured worker who is injured on-the-job and unable to work according to his or her Authorized Treating Physician.  These benefits are paid at a rate of two-thirds of the injured worker's Average Weekly Wage at the time of the injury, but will not exceed the maximum rate available under the law on the date of the accident.  For non-catastrophic injuries that occur on or after July 1, 1992, an injured worker is limited to a maximum of 400 weeks of TTD benefits beginning as of the date of accident.
  2. Temporary Partial Disability: Temporary Partial Disability (TPD) benefits are payable to an injured worker when he or she returns to work in a job paying less as a result of an on-the-job accident.  These benefits are paid at a rate of two-thirds of the difference between the injured worker's pre-accident Average Weekly Wage and post-accident Average Weekly Wage, but will not exceed the maximum rate available under the law on the date of accident.  An injured worker is limited to a maximum of 350 weeks of TPD benefits beginning as of the date of accident.
  3. Permanent Partial Disability: Permanent Partial Disability (PPD) benefits are payable to the injured worker for a permanent disability resulting from an on-the-job injury.  PPD benefits are payable on the basis of a permanent impairment rating assigned by the injured worker's Authorized Treating Physician in accordance with the current American Medical Association Guidelines.  This rating is then applied to a predetermined formula to determine the number of weeks of PPD benefits to which an injured worker is entitled.
  4. Death Benefits: Death benefits are payable to eligible dependents such as a dependent spouse or minor children of a worker whose on-the-job accident or injuries resulted in death.  Death benefits are payable at the rate of two-thirds of the deceased worker's Average Weekly Wage at the time of the accident not to exceed the maximum allowed under the law for all eligible dependents.  Death benefits also include funeral expenses payable up to the maximum allowed under the law as of the date of accident.

How much will an attorney cost to represent me on my workers’ compensation case?

The Campbell Law Practice, LLC represents workers’ compensation clients on a contingency basis.  In other words, you do not have to pay our law firm on an hourly or up-front fee basis.  Our law firm receives payment for our legal fees based on the benefits that we recover for you.  

Contact The Campbell Law Practice, LLC for a free workers’ compensation consultation.

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