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    Will I Need to Return to Work?

    No one—including the insurer, the insurer’s examiner, or your employer—can tell you that you must return to work. This decision is up to you and should be made carefully after discussions with your doctor. The only exception to this rule is if the Department of Industrial Accidents orders an...

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    Ending Benefits

    During the first 180 days of receiving benefits, your payments are made “without prejudice,” meaning that even though the company is paying you weekly, they do not admit responsibility for your injury or illness. During this period, the insurer may discontinue your payments at any time by giving you...

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    Maximum Payments

    Weekly benefits are divided into three groups—temporary total disability, permanent total disability, and temporary partial disability. Temporary Total Disability. Temporary total benefit payments are made as long as that disability lasts or until the maximum payable amount is reached. The maximum payable amount is 156 weeks for people injured on...

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    Cost of Living Adjustments

    All workers that receive permanent and total incapacity compensation—or people receiving a deceased spouse’s benefits—are also eligible to receive cost of living adjustments (COLAs). However, no COLA will be made to a person receiving Social Security disability benefits if the social security payment would need to be adjusted as...

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    Why Does Average Weekly Wage Matter?

    Your average weekly wage is determined by adding up the previous year’s salary and dividing by 52 weeks. If you have worked for your employer less than a year but more than a few weeks, you simply add up the total amount that you received during the entire period...

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    Receiving Benefits

    You do not have to miss much work to be eligible for workers’ compensation benefits. If you miss more than 5 days of work (consecutive or not), you are entitled to weekly compensation benefits. If the total period of your disability is less than 21 days, your right to...

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    Getting a Settlement

    Sometimes, the workers’ compensation insurer and the employee voluntarily agree to a lump sum settlement that requires the insurer to pay a predetermined sum of money to cover all or part of its obligation to the employee. In most cases, the employer must also agree to the settlement. A...

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    Attending Conciliation and Conference Proceedings

    Within 2–3 weeks of filing your claim, your case will be assigned for a conciliation. This is a meeting between you, your lawyer, a representative of the insurance company, and a Department of Industrial Accidents conciliator whose will encourage everyone involved to resolve the matter voluntarily and avoid bringing...

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    Determining Fault

    In some cases, an injured employee may think that their employer is directly responsible for their injury or illness. For the most part, however, this is irrelevant to the legal proceedings of a workers’ compensation claim. An injured worked is eligible to receive full compensation benefits regardless of the...

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    Filing a Workers’ Compensation Claim

    Your employer is responsible for filing the workers’ compensation claim with its insurer and the Department of Industrial accidents within 7 days of being aware that you were injured and that you have been out of work for more than 5 days. The only way you can be sure it...

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