Q: I got injured back in 2013 while at work getting paid $11 ph. Now 2017, I need a another surgery for the same injury.
but I am getting paid $20 ph. my question is, is the insurance required to pay my workerscomp based on my first pay or second pay
A: Neither. after 104 weeks, the insurer doesnt pay any 'workerscomp' as you call it. Temporary Disability payments are due by the insurer for 104 weeks after they begin, then no more (unless you're a burn victim or having a joint replacement). So if you received even one week of Temporary Disaiblity from the insurer in 2013-14, you get no more FOR THE SAME INJURY. IF this is possibly actually a NEW injury, some new event in 2017 made you deteriorate from working @$20/hr to suddenly being unable to work and awaiting surgery, then a new 104 weeks of Temporary Disablity would be due to you.
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