Workers' Compensation

If you are injured in a workplace accident or develop an occupational disease, workers’ compensation provides benefits both for time away from work and for medical expenses incurred because of the injury or illness.

Disability compensation

If you miss work because of your work-related injury or illness, you may be eligible for one of the following types of lost-time benefits.

  • Temporary Total Disability: If you are unable to work after seven days of being temporarily disabled, you are entitled to weekly benefits equal to two-thirds of your average weekly wage up to a maximum compensation rate.  If your disability continues for more than 21 days, you are also entitled to receive compensation for those first seven days. 

  • Temporary Partial Disability: If you are temporarily and partially disabled, you are entitled to a benefit if you are unable to earn wages as great as those you earned before your injury or illness.  In such a case, you are entitled to compensation equal to two-thirds of the difference between the post-injury wages and the pre-injury wages, as long as the compensation amount does not exceed the statutory maximum weekly benefit.  Temporary partial disability benefits may not continue beyond 300 weeks from the date of injury.

  • Permanent Partial Disability: If you suffer a permanent impairment to one of your body parts, you may receive a set amount of benefits without regard to your ability to earn wages.  If you suffer a total loss of use of one of the body parts listed in the following table, you are entitled to two-thirds your average weekly wage times the number of weeks corresponding to the body part.  If you have less than a total loss, your compensation is calculated on a percentage basis.  For example, a 50 percent loss would mean that you would be entitled to compensation for half of the number of weeks listed in the total disability chart at your compensation rate.

Your disability percentage is based upon your physician’s ratings of your disability.  If either you or your employer is dissatisfied with the treating physician’s rating, you are entitled to a second opinion.  If the physicians’ ratings do not agree, the Industrial Commission may determine the percentage of disability.

  
Thumb 75 weeks Arm 240 weeks
First or Index Finger 45 weeks Foot 144 weeks
Second or Middle Finger 40 weeks Leg 200 weeks
Third or Ring Finger 25 weeks Eye 120 weeks
Fourth or Little Finger 20 weeks Hearing (one ear) 70 weeks
Great Toe 35 weeks Hearing (both ears) 150 weeks
Any other Toe 10 weeks Back 300 weeks
Hand 200 weeks    

  • Total and Permanent Disability: If you lose both of your hands, arms, feet, legs, or eyes (or any two of these body parts), you are considered totally and permanently disabled.  You will be entitled to weekly benefits and medical compensation for the rest of your life.

  • Disfigurement and Damage to Other Organs: If your injury leaves you permanently disfigured or leaves you with permanent injury to an important organ of your body, you may be eligible for compensation based upon the severity of the injury.  The maximum amount awarded for these injuries is $20,000--without regard to your rate of pay.

Medical compensation

In addition to lost wage compensation, your employer must pay for your medical treatment if your workers’ compensation claim is accepted.  Under the law, required medical treatment includes all reasonable services that may be necessary to cure you, lessen your period of disability, or give you relief.  These services may result in the following types of covered expenses:

  • Medical
  • Surgical
  • Hospital
  • Nursing
  • Rehabilitative services
  • Medicines
  • Qualifying mileage
  • Medical and surgical supplies

You have a voice.

If you have suffered from a work-related injury or illness or you have lost a family member because of either one, you have a place to turn.  At Ward Black Law, we work hard to get our clients the compensation they need to meet their medical needs and provide for their families.  We exist to give a voice to ordinary people facing extraordinary struggles.  Contact us today for a free consultation.