My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If the insurer denies benefits, the law says it must send you and the Workers` Compensation Board a denial notice. The notice tells how to file a written claim and how to ask for a hearing before the Workers` Compensation Board.

Within two years after the date the insurer files a notice denying your claim, you must file for a hearing before the Workers` Compensation Board. You will lose your right to the benefits denied in the notice if you do not ask for a hearing within the two years.

For more information about filing for a hearing before the Workers` Compensation Board, you can contact the Alaska Workers` Compensation Division at one of the addresses or phone numbers below.

ANCHORAGE
3301 Eagle Street
Suite 304
P.O. Box 107019
Anchorage, Alaska 99510
(907) 2694980

FAIRBANKS
675 Seventh Avenue
Station H2
Fairbanks, Alaska 99701
(907) 4512889

JUNEAU
1111 W. Eighth Street
Room 307
P.O. Box 25512
Juneau, Alaska 99802
(907) 4652790

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

Employers who employ one or more workers must have workers` compensation insurance. Most employees in Alaska are covered. Commercial fishers are an exception, but some fish processor workers on floating processing vessels are covered. Other exceptions are contract entertainers, some taxicab drivers, parttime babysitters, cleaning persons, some sports officials, harvest help and similar parttime or temporary workers. Most unpaid volunteers are not covered, but some volunteer ambulance attendants, volunteer fire fighters and police officers, volunteer emergency medical technicians, and volunteer civil defense or disaster workers are covered. Sole owners and partners of businesses and executive officers of nonprofit corporations are not covered but may choose to buy coverage. Executive officers of corporationsforprofit are covered but may choose to waive coverage. Federal employees and most maritime workers are not covered under Alaska law, but are usually covered under federal law.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

You must give written notice to your employer and the Workers` Compensation Board within 30 days after the accident or when you think you have an illness caused by work. To report the injury, use the Report of Occupational Injury or Illness which is available from your employer or the Workers` Compensation Division. Complete your part of the form, and give your employer all the copies. After your employer completes their portion, they should give you the yellow and green copies. If your employer will not give you a form, contact the Division.

Within 30 days after the injury or death, you or the dependents of a deceased worker must give the employer and the Board written notice of the injury or death. If you do not give this notice, the Board may excuse the failure to give notice in certain circumstances. If 30 days have passed and you have not given your employer written notice, contact the employer and the Division immediately.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

You may choose your own primary doctor to treat your injury. You may change your treating doctor one time, but tell the insurer before you change. If your primary doctor sends you to a specialist, this doesn`t count as a change of doctors. If you want to change to a third doctor, you need to get the insurer`s written permission. If you change doctors more than once without the insurer`s written permission, you may be responsible for the doctor bills.

At reasonable times, which may be as often as every 60 days, the insurer can ask you to be examined by a doctor of its choice. The insurer must give you at least 10 days` notice of the doctor`s appointment. It can change its examining doctor only one time, unless you agree in writing to see a different doctor. If the insurer`s doctor sends you to a specialist, this is not a change of the insurer`s doctor. The insurer pays all reasonable costs for the examination. If you do not go to an examination, the insurer may stop compensation payments until you see the doctor.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If you believe your workrelated injury will keep you from returning to your job and you want vocational rehabilitation help, you must ask for a reemployment evaluation within 90 days after you report your injury to you employer. If 90 days have passed and you want an evaluation but haven`t asked for one, contact the nearest Workers` Compensation Division office immediately.

You may get reemployment (vocational rehabilitation) benefits if your injury is compensable and may permanently keep you from returning to your job at the time of injury.

Temporary Partial Disability benefits (TPD) are paid if you can return to work, but you earn less for a limited time while recovering. Temporary Partial Disability benefits are figured by taking 80% of the difference between your spendable weekly wage and your spendable wageearning capacity after returning to work. Your actual wage after the injury less payroll deductions is usually considered your spendable wageearning capacity. Temporary Partial Disability benefits are paid until you reach medical stability or for up to five years, whichever comes first.

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

No compensation benefits are paid for the first three days of disability unless you are disabled more than 28 calendar days. If your injury keeps you from working for more than three calendar days, fill out the green copy of the injury report that you received from your employer. Answer all questions about dependents and send the completed form, with wage proofs attached, to the insurer. The insurer uses this information to figure your weekly disability compensation rate.

Your weekly compensation rate is based on your gross weekly earnings and is 80% of your spendable weekly wage, subject to certain limits. You cannot get more than $700 a week for compensation benefits. Your weekly disability benefit rate is 80% of your spendable weekly wage or $700, whichever is lower. If you give the insurer proof of your earnings, the insurer must pay you $154 per week or your spendable weekly wage. If you do not give the insurer proof of your earnings, it must pay you at least $110 per week, but there are exceptions when the insurer may pay less than the minimum rate.

Your spendable weekly wage is figured by subtracting federal income and social security taxes from your gross weekly earnings. Your federal income tax for this purpose is based on the number of dependents you may legally claim at the time of injury under the Internal Revenue Service (IRS) Code. Your marital and dependency status is set at the time of injury; it stays the same for your workers` compensation disability benefits even if you get married, divorce, or have children while you are disabled. Even if your social security tax is fully paid when you are injured, the social security tax is still subtracted from your gross weekly earnings when figuring your spendable weekly wage.

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