What Am I Entitled to in a Workers’ Compensation Case?

When you are injured at work, you may have a Workers' Compensation claim. What you are entitled to in Workers' Compensation is different from a personal injury claim, such as a motor vehicle accident.

Medical Treatment Under Workers' Compensation

When you have been injured at work, your employer is required to cover your medical care related to the injury you sustained on the job. However:

You cannot choose your own doctor in most cases.
Your employer or their insurance selects the medical provider.
They also have the authority to deny specific medical treatments.
You may need an attorney to challenge treatment denials.
Not following the assigned treatment plan can negatively affect your claim.

Temporary Disability Benefits: TTD and TPD

What Is Temporary Total Disability (TTD)?

If you are unable to work at all, you are entitled to Temporary Total Disability (TTD). Key points include:

TTD is two-thirds of your average weekly wage.
Payments are typically made via weekly checks.
TTD benefits are not subject to taxes.

What Is Temporary Partial Disability (TPD)?

If your ability to work is partially limited, you may be eligible for Temporary Partial Disability (TPD):

TPD is two-thirds of the wage difference between your average weekly wage and what you’re currently earning with restrictions.
Like TTD, TPD benefits are not taxed.

Are You Entitled to Pain and Suffering in a Workers' Compensation Claim?

Unfortunately, Workers' Compensation does not cover pain and suffering. Instead:

Damages are calculated using a statutory formula.
You do not have to prove negligence by your employer.
This is different from personal injury claims, where fault must be established.

Permanent Impairment and Compensation for Lasting Injuries

After completing medical treatment, your provider may assign a Permanent Impairment Rating:

This rating is used in a formula:
Impairment Rating × Compensation Rate × Weeks Assigned to Body Part
Example: 3% back impairment × $700 rate × 300 weeks = $6,300

Get Help Navigating Your Workers' Compensation Rights

Workers' Compensation law is complex. An experienced attorney can help:

Protect your rights
Dispute denied treatments
Maximize the benefits you’re entitled to
Ensure you receive proper medical care