C, L & L - Coggins, Larreau & Lythgoe - Attorneys

Workers Compensation

UNABLE TO WORK Because of a work injury?

NEED TO FILE A WORKER’S COMPENSATION CLAIM OR HAS YOUR CLAIM BEEN DENIED?

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FREQUENTLY ASK QUESTIONS:

WHAT IF A DOCTOR SAYS I CANNOT WORK BECAUSE OF MY WORK ACCIDENT INJURIES?
 

If a doctor takes you off work or provides restrictions or limitations and you employer does not offer work that meets those restrictions or limitations, the Worker’s Compensation insurance company must pay for the time off work at 66.67% of what you were earning at the time of the injury, plus $5 per week for your dependents up to the statutory maximum. Temporary Total Disability ends when you reach medical stability, also called maximum medical improvement or MMI. Temporary Total Disability benefits are available for up to 8 years from the date of the injury. Additional time limits may apply for injuries after July 1, 1999. If it has been over 5 years since your injury and you still need benefits, contact us for the time limits specific to your case. 
 
It is often a good idea to try to avoid surgery and chose conservative treatment. However, if surgery is delayed for more than 8 years from the date of injury, Temporary Total Disability benefits to pay for your time off work may expire. Contact us for the time limits particular to your case and discuss the best options with your doctor.

WHO PAYS FOR MY WORK INJURY RELATED MEDICAL CARE AND EXPENSES?

All medical expenses related to the injury are to be paid by the Worker’s Compensation insurance company. This includes all treatment, prescriptions and prosthetics for the injury which is recommended by your doctor. Your right to medical expenses expire if you do not see a doctor and have the doctor submit the bill to the Worker’s Compensation insurance company at least every three years.

 
If your Worker’s Compensation claim is denied, you can bill your health insurance for the medical treatment while you file an Application for Hearing with the Labor Commission for Worker’s Compensation benefits.  However, your benefits for medical expenses will expire if you do not send bills to your Worker’s Compensation carrier for a period of three years (for accidents prior to July 1, 2007) or one year (for accidents after July 1, 2007).  So be sure to act quickly whenever benefits are denied.

 
If your doctor refers you to another doctor, the Worker’s Compensation insurance company is also responsible for those medical expenses. Without a referral, you have the right to change doctors one time, but only one time. To change doctors, you must complete a Change of Doctors Form which you can obtain from the Labor Commission. 

WILL I RECEIVE A SETTLEMENT?

If the injury results in permanent injury, your doctor will give you an impairment rating when you reach medical stability or Maximum Medical Improvement (MMI). The Worker’s Compensation insurance company will then pay you based on that impairment rating. Problems can develop if the rating is given too soon. Never pressure your doctor for a rating before you are medically stable and have reached MMI.

 
Please note that under Utah Worker’s Compensation law, no benefits are paid for disability. Instead, Utah uses impairment ratings. Impairment ratings are numbers from the charts in the Guides to Permanent Impairment. The same impairment rating is given to everyone with the same permanent damage, even though the injury may affect some people more than and differently than others. For example, a loss of a finger could prevent a typist from being able to do her job while it would not affect an attorney’s ability to work at all. The typist and attorney may have different disability levels from the loss of the finger, but they will receive the same impairment rating for settlement purposes.

 
Before paying Permanent Partial Disability, the Worker’s Compensation Insurance Adjuster will send you a "Permanent Partial Disability Agreement" or “Compensation Agreement” for your signature. Your signature on these agreements means that you agree with the impairment rating being paid. It is not a settlement of your claim. Your benefits remain available if you need additional help in the future. 

WHAT DO I DO IF THE WORK ACCIDENT INJURY PREVENTS ME FROM EVER WORKING AGAIN?

If the work accident injury results in an inability to return to work in any past job or other work, Permanent Total Disability benefits may be available which pay a percentage of the lost income for life. This is a complicated area of Worker’s Compensation law. The law has changed often throughout the years. Competent, experienced legal advice should be obtained to be sure that the requirements associated with your specific injury date are met.

                                          
There is no time limit for filing Permanent Total Disability claims for injuries which occurred prior to July 1, 1999. However, cases become more difficult as more time passes. Contact us as soon as possible if you discover that your injury will prevent you from working. For injuries on or after July 1, 1999 proof of Permanent Total Disability must be obtained within 12 years of the date of injury. 

WHAT OTHER BENEFITS DO I HAVE A RIGHT TO CLAIM?

Mileage Reimbursement:

 
Mileage to and from the doctor, hospital, chiropractor, physical therapy, etc. is to be paid at the appropriate rate. You are required to submit a list of your mileage including the date, doctor's name and number of miles round trip in order to receive this benefit. Your right to mileage expires if you do not submit your request to the workers compensation insurance within a year of the date of the medical visit.

Temporary Partial Disability:

 
If a doctor places restrictions on your work which reduce the amount you can earn, but you are able to find light duty work at lower pay the Worker’s Compensation insurance company must pay 66.67% of the difference between the amount you are earning and the amount you were earning at the time of the injury, plus $5 per week for each of your dependents. Temporary Partial Disability ends when you reach medical stability or Maximum Medical Improvement (MMI). Just like Temporary Total Disability, your right to claim temporary total disability benefits may expire 8 years from the date of your injury. Contact us to discuss the particular time limits that apply in your case. 

Death Benefits:

 
If a work accident injury results in death, burial benefits as well as benefits are available for the dependents. In such a serious situation, however, competent, experienced legal advice should be sought immediately.

 
The dependants of a deceased worker must file a claim for benefits within one year after the death of the employee. However, if a dependant is under 18 years old, a claim must be filed for benefits within one year of the dependant turning 18. 


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