Assertive Advocates For Injured Workers


Frequently Asked Questions

How much time do I have to file a claim for workers’ compensation?

This is called a statute of limitations and you have three years from the date of accident or two years from the last payment of compensation; whichever is longer. The earlier you contact an attorney the easier it becomes for us to make sure you get the benefits you have the rights to. Remember, your employer will not advise you of all your rights.

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Are there any fees for the first consultation?

The first consultation is free.

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When do I pay the attorney for his involvement on my claim?

Fees are taken out from the checks received from proceeds the employer/insurance carrier pays for awards and/or settlement. There are no upfront or out-of-pocket payments made to the attorneys.

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Can the insurance company tell me where to get medical treatment?

You have the right to select two doctors of your choice. This does not include referrals from one doctor to another.

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What benefits am I entitled to if I am injured on the job?

You have the right to temporary total disability (TTD) while you are unable to work. You have the right to reasonable and necessary medical, surgical and hospital expenses covered at 100 percent — no deductibles and copayments. You may have the right to permanent partial disability (PPD) in some cases in the form of a settlement/award. Depending on your physical limitation you may be entitled to vocational rehabilitation. The spouse and dependents of workers who die as a result of a work-related injury are also entitled to lost wages and other expenses.

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When do I get paid for lost time?

You should be paid within 14 days of the first day you are temporarily and totally disabled, or penalties for late payment may apply.

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How much should I be paid?

Temporary total disability (TTD) payments represent two-thirds of the employee’s gross average weekly wage (AWW) during the year before the accident or last exposure, subject to certain limits.

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Are benefits from TTD taxed?

No, TTD is tax-free.

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Does the average weekly wage include overtime?

It depends, recent case law makes it more difficult, but you may still be entitled to inclusion of overtime, contact an attorney to discuss your options.

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Disclaimer: These answers only offer limited advice. Note that some of the answers given are subject to change with each particular case. For further legal advice, please contact an attorney.