Q: What event triggers wage reimbursement to begin in workers comp? Accident date, first doctors visit, or claim date?
Hello, I was wondering about when wage reimbursement from an injury is supposed to begin in a workers comp claim. From the date of the injury or the date the claim is reported? I ask because there is an 11 day window between these events, I was injured at work and reported it to 3 managers within the first 4 days, including the date of the injury and I missed 6 full days and 2 half days during the 11 days between my injury occurring and when my employer finally handed me paperwork to see a doctor and filed the claim - additional question on how they calculate what I receive for payment. Apart from the rep telling me I would not be paid for the 11 day window between the injury and my first doctors visit, I was told my reimbursement would be 80% of 80% of my regular wages. What I have received is about 25% under that, even with my employer confirming on a form that I do regularly work 50 hours a week at my set hourly wage.
A: If your disability lasts more than 21 days, lost wages are likely due from the date of accident. If your disability is less than 21 days, you are not entitled to the first week of lost wages. Your average weekly wage determines the amount of lost wage benefits you receive. The 80/80 formula is applied if you have a temporary partial disability. If you are uncertain about whether you've been paid correctly, I recommend you contact an attorney that specializes in workers' compensation matters. It will not cost you anything out of pocket as workers' compensation attorneys work on a contingency basis.
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