Your Guide to the Basics of Workers’ Compensation & Claims

In this video Josh discusses the most important step in filing a Workers’ Comp which is the sending of notification to your employer. And the two phases of Workers’ Compensation system which are called the Active Phase and the Permanent Phase.

Active Phase is when the doctors are trying to improve your medical condition. In this Phase the employee is entitled to benefits which are medical care and workers’ compensation. The law states that an injured worker is entitled 66% of it’s average monthly rate prior to the injury.

Once injured worker enter the MMI (Maximum medical Improvement) it becomes a part of the Permanent Phase, where the doctor provides three recommendations that will have huge impact on the life of the employee.

If you choose your own doctor, it should be someone with a particular practice or specialty regarding your injury.

An employee will also be entitled to:
Permanent total disability - This applies if you suffer 100% loss of your earning capacity entitling you to 2/3 of your average monthly wage. This may last a lifetime.

Permanent partial disability - You may collect  2/3 of your average monthly wage up to the $4,428.91 statutory maximum as of January 1, 2016. If your injury was non-scheduled, you may receive compensation for the duration of your disability with no maximum benefit as a ceiling.

Death benefits - Your dependents may collect up to $5,000 for funeral and burial expenses.

There are other benefits that an injured worker is entitled to depending on the nature and extent of your injury.