When a worker becomes temporarily disabled from an injury sustained at work, there are special rules that apply before benefits can be paid out for any injuries incurred based on the West Virginia Insurance Commission. Some include:
- If you looking to determine if you qualify for total disability benefits, you (the claimant) must be unable to work due to your injury more than three consecutive calendar days following the date of the injury. This must occur before any benefits are paid out.
- If you are looking to collect compensation for the first three days, you must be unable to work as a result of your injury for more than seven consecutive calendar days following the date you injured yourself.
- If you retired from your job and remain retired, you cannot collect compensation from your employer’s insurance carrier unless the application was received prior to your retirement. The Commission also points out that a person who has retired is barred from reopening a claim for temporary total disability indemnity benefits.
- If it is determined that the period in which you are seeking benefits for was during a time where you were not performing work for your employer, then temporary total disability indemnity benefits shall not be paid out during that period.
How can I better understand what I am entitled to as a worker’s compensation claimant in West Virginia?
Although your employer can provide you with a significant amount of information regarding your claim, you want to know that you are receiving the maximum allowable benefits. Sometimes, you may not be sure that your employer is handling your claim in the manner you desire which is why you might want to turn to a local West Virginia worker’s compensation lawyer.
Our lawyers featured right here on USAttorneys.com provide free case evaluations so before you commit to hiring someone, you will learn whether or not you actually need their assistance. In some cases, it might just benefit you to sit down with one of these professionals and allow them to assess the details of your case. While you might be under the impression that you are receiving all the benefits you are entitled to, our worker’s compensation lawyers in WV might find that you actually aren’t.
If you wish to find a lawyer who is practicing in your city, give us a call now and an agent will begin assisting you.
What type of financial coverage am I expected to receive after having my worker’s compensation claim approved?
With most worker’s comp claims, the claimant is able to recover the funds necessary to cover the costs for the medical treatments they had rendered. A portion of their salary is also usually provided during their time out of work but that is based on the worker and what they currently earn. The Commission also points out that travel expenses may be reimbursed when they are in connection with medical examinations and treatments.
Claimants who receive treatment from an authorized physician who are required to travel in their personal vehicle may be able to receive payment for the travel expenses incurred. The mileage reimbursement rate is provided by the West Virginia Department of Administration’s Purchasing Division Travel Rules. In most instances, the responsible party is not required to reimburse for travel expenses no more than once every three months unless the amount is in excess of $100 in total reimbursement.
To learn more about your claim and rights as an injured worker, speak with one of the recommended West Virginia worker’s compensation attorneys on USAttorneys today.