A workers' compensation, as its name indicates, is designed to protect workers by paying the necessary expenses to treat any type of injury or damage suffered within their workplace. This includes:
- First aid
- Emergency treatment
- Medical examination
- Hospital treatment
- Surgery
- Physical therapy
- Chiropractic treatment
- Medications
- Prosthetics
- Prescribed medical equipment form
If you find yourself in a situation where you need to request one, do not hesitate to contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or write to us via WhatsApp so that we can provide you with the best free legal advice, and in this way we can help you have a work attorney assist you in obtaining the highest possible compensation.
Requirements to Receive Workers' Compensation
Workers' compensation also includes benefits if you:
- Are absent from work to recover from an injury. This is called Temporary Total Disability (TTD)
- Work light duty while recovering from your injury. This is called Temporary Partial Disability (TPD) benefits
- Are permanently disabled or disfigured, but able to work. This is called Permanent Partial Disability (PPD)
- Have a permanent work injury. This is called Permanent Total Disability (PTD) benefit
Workers' compensation also covers death benefits, which are paid to surviving family members.
Who Chooses My Medical Care When I Am Injured or Ill?
You choose your own healthcare provider; however, your options will be limited to a selected network if your employer is enrolled in the Preferred Provider Program (PPP). You can choose 2 doctors to join your employer's PPP network. In case your employer does not have a public-private partnership, you can choose to go to any healthcare provider. You may also choose another provider to obtain a second opinion. You can go to any provider that presents one of your two options. If you choose a third doctor without your employer's consent, your employer generally does not have to pay. On the other hand, first aid and emergency care are not among your 2 options.
Can You Be Evaluated by Your Employer's Doctor?
Your employer can request a full examination by a doctor of their choice. They must provide money to cover the cost of the examination. This cost includes travel, meals, lost wages, and other expenses. The examination must be conducted at a reasonable time and place. You must allow your employer's doctor to examine you, but you should not accept any treatment. The doctor must provide you and your employer with the same general report as soon as possible. It must be at least 8 hours before the arbitration hearing. You may also request a copy of any relevant medical history that is in your employer's possession.
Workers' Compensation Treatment Expenses
The Workers' Compensation Law includes a list of costs for most treatments. This list of costs is called a "fee schedule." The employer will pay the provider's actual costs or a fixed amount according to the fee schedule and whichever is less.
Temporary Total Disability (TTD):
TTD is a benefit for injured workers unable to work for short periods of time or capable of performing light duties, but the employer cannot provide them with light work. The employer pays TTD to the injured employee until:
- The worker returns to work
- The worker fully recovers from the illness.
- TTD is not paid during the first three days off, unless the employee is out of work for 1 or more calendar days due to an injury.
The benefit amount corresponds to two-thirds of the employee's average weekly salary. This amount is subject to minimum and maximum limits. Employees must submit a written request for TTD services as soon as possible, accompanied by a medical certificate. The employer must pay the first TTD within 15 days of notifying the injury.
Temporary Partial Disability (TPD)
TPD is a benefit that includes the time during which an injured employee is still recovering and performing light work, part-time or full-time. The employee earns less than what they would have earned at work before the injury. An employer pays TPD benefits to an injured employee until the worker returns to their normal job or has completed rehabilitation.
Permanent Partial Disability (PPD)
This refers to:
- The total or partial loss of a body part,
- The total or partial loss of use of a body part, or
- The partial loss of use of the body as a whole.
- Loss of enjoyment is not specifically defined by law. This often means that the employee cannot perform the tasks they could perform before the injury.
Permanent Total Disability (PTD)
This refers to the permanent total inability of the worker to perform any type of work for which there is a reasonably stable labor market for:
- One or both hands
- One or both arms
- One or both legs
- One or both legs
- One or both eyes
An employee with permanent total disability is entitled to weekly compensation equivalent to two-thirds (66.67%) of their average weekly salary for life. This is subject to minimum and maximum limits according to the laws of the state in which you are located.
Also read How is Compensation for a Work Accident Calculated in the United States?The choice of your attorney is one of the aspects that can contribute to the final decision of your case. For this reason, if you or a loved one need it, you should contact the Conexión Legal team as soon as possible so that we can provide you with the best free legal advice, and likewise, legal representation from a work attorney in case you suffer any type of injury to obtain the best possible compensation.Follow the steps in the following form to schedule your free consultation appointment.
