Work-related injuries that keep you from working can be a real bummer, but salary help is often available when you are unable to work. Be prepared to wait, though, because workers' comp benefits, except for medical treatment, aren't issued the minute you have a workplace injury. The claims examiner must complete an investigation before she can accept or deny your workers' comp claim.
Individual state laws define the waiting period before you are eligible to receive temporary disability payments when you can't work.
TL;DR (Too Long; Didn't Read)
To get your workers' compensation depends on how long a claims examiner finalizes an investigation and which state you live in.
Filing Your Claim
When you get injured at work, immediately tell your supervisor or employer. If the injury requires emergency treatment, have someone call 911 so you get immediate care. Your employer must provide you with a claim form for you to officially report your injury, typically within at least 24 hours of receiving notification of your injury, which may vary depending on the state in which you work.
After you report your injury, the claims examiner must interview you, your employer and any witnesses to the injury. In California, for example, the examiner can take up to 90 days to accept or reject your claim. If you fail to file your claim within the period set by state law, usually within a year of the injury, you will not be entitled to receive benefits.
Unless you live and work in Texas, your employer must carry no-fault workers' compensation coverage for all employees. State regulations establish the qualifications for receiving disability payments when you are unable to work because of your injury. If your injury does not require you to miss any work, you won't receive any salary compensation, but the insurance does pay for doctor visits for medical-only injuries.
For these injuries, follow the directions your employer gave you for filing a claim. Medical-only injury benefits don't have a waiting period, like when you need stitches for cuts that occurred at work.
Temporary Disability Payments
The waiting period to receive temporary disability (TD) payments differs from state to state. In California, for example, your first TD payment is due within 14 days of when your doctor says you are unable to work or when your employer learns you have a job-related illness or injury. In Ohio, TD payments begin on the eighth day if you are off work for up to 14 days.
If you've been off work for 15 days, payments are calculated from the first day of your injury but begin after the eighth day. In New York, TD benefits are not allowed for the first seven days of missed work. To determine your state's exact waiting period for workers' compensation benefits, talk to your employer, the claim examiner handling your claim or visit your state's workers' compensation website.
Permanent Disability Payments
When you receive an injury that permanently affects your ability to work, you will receive permanent temporary disability payments until your doctor determines your physical condition is permanent and stable. These payments follow the same guidelines as TD payments and waiting periods in your state. When your condition becomes permanent and stable, the workers' compensation carrier typically offers a settlement that includes money for future medical treatment and lost salary due to the injury.
The negotiation might include vocational rehabilitation or training for a job that you can do even with your injury. The amount of money you receive is based on insurance charts for the type of injury, your salary at the time of the injury, and the calculation set by state law.
Understanding Payment Calculations
Individual states use its average weekly wage in calculating your benefits based on a maximum and minimum it also sets. TD payment calculations are typically figured on a percentage of your wage, which typically starts at two-thirds of your wage or more compared to the state's weekly wage. These figures change when the state's average weekly wage changes, usually on an annual basis.
In New Jersey, for example, you can receive up to 70 percent of your weekly average wage, but not to exceed 75 percent of the state's average weekly wage.
- California Department of Industrial Relations: Chapter 2. After You Get Hurt on the Job
- Texas Workforce Commission: Workers' Compensation
- Ohio Department of Administrative Services: Workers' Compensation Lost Time Claims
- California Department of Industrial Relations: Chapter 5. Temporary Disability Benefits
- State of New Jersey Department of Labor and Workforce Development: WC Benefits
As a native Californian, artist, journalist and published author, Laurie Brenner began writing professionally in 1975. She has written for newspapers, magazines, online publications and sites. Brenner graduated from San Diego's Coleman College.