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

Mon, 04 Jun 2007 21:51:22 GMT

You should always report any work related injury immediately to your employer. However, a worker has up to 180 days to report an injury or work related illness.

You may be asked to fill out an accident report or a portion of the Employer`s First Report Of Injury. Your employer is required to complete the Employer`s First Report of Injury, (Form 122). A copy of this report is to be given to the employee, the Labor Commission and the insurance carrier within seven days of you reporting your work related injury.

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

Tue, 29 May 2007 21:19:00 GMT

All employers are required to have workers` compensation insurance except for the following employer/employee work situations: some employers of agricultural laborers, casual or domestic workers, real estate brokers, sole proprietors, partners, and in some cases a director or officer of a corporation.

A general contractor will now have to ensure that all subcontractors, including sole proprietors and partners, have workers` compensation coverage either through the general or subcontractor`s policy.

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

Tue, 29 May 2007 21:19:00 GMT

The insurance carrier or employer has the right to designate a preferred medical provider. You are required to first seek medical treatment from the preferred provider, if one exists.

You are entitled to make one change of doctors. However, you need to notify the insurance carrier or selfinsured employer as soon as possible of the change.

A referral from your treating doctor to another doctor is not considered a change. Nor is a change from an emergency room doctor to a private doctor. Once doctor care has begun, emergency room visits are prohibited except in cases of: (1) doctor referral or (2) threat to life.

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

Your employer is not responsible for providing you a new job. However, if an employer has a vacant light duty position which an injured worker is qualified, it may be considered a reasonable accommodation to reassign the worker to that position. If the job was created as a temporary one, reassignment to that position may also be temporary.

If your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your benefits. If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. Wage benefits usually will equal approximately 662/3% of the difference between your current earnings and what you earned before your injury, not exceeding the maximum compensation rate for the year you were injured.

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

Tue, 29 May 2007 21:19:00 GMT

Nearly all workers` compensation claims in Utah are settled to the satisfaction of the employee, employer and workers` compensation carrier. In a few cases, an employee is dissatisfied and decides to contest the decision of the workers` compensation insurance carrier. If the employee decides to do this, the employee can challenge the decision by applying for a hearing with the Adjudication Division of the Labor Commission.

Upon receiving your Application for Hearing and supporting documents, the Adjudication Division will send a copy of the application and documents to the employer`s insurance carrier or to the employer directly if the employer is either selfinsured or uninsured. The carrier or employer has 30 days to answer your claim. The Adjudication Division will review the response to the claim and schedule a PreHearing if there is an indication that the case could be solved quickly. If not, a full Evidentiary Hearing will be scheduled. Due to the Division`s heavy caseload, either hearing may not take place for as long as 45 months.

If you have been denied benefits, or have a claim pending with the Labor Commission and are interested in participating in a Claims Resolution Conference, which may speed up a settlement, you can contact the Labor Commission at the address or phone number below.

Mailing Address: P.O. Box 146610, Salt Lake City, UT, 841146610
Street Address: 160 East 300 South, 3rd Floor, Salt Lake City, UT 84111
8015306800 or toll free (800)5305090

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

The first three days a worker is taken off work by a doctor are not compensated for until the worker has been off work 15 days. Days off from work do not have to be consecutive. If you are off work for more than 14 days then you will be compensated for the initial 3 days.

You wageloss benefit is calculated by multiplying your average gross weekly wage at the time of your accident by 66 2/3% + $5 for dependent spouse + $5 for each dependent child under 18 years old (up to 4 dependent children) = your weekly wage benefit. Include wages from a second job if applicable. Payments will not exceed the state`s average weekly wage maximum.

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