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You are entitled to workers’ compensation benefits even if you were paid cash by your employer. However, it may be challenging to prove the amount you were being paid by your employer. You have the burden of proving your wage earnings prior to your date of injury.
The insurance company must provide an interpreter if the doctor’s office does not have someone on staff who speaks your language. The interpreter must be someone other than your nurse case manager if you have one assigned, as you are entitled to private examinations with your physician prior to your nurse case manager entering the room.
You are entitled to workers’ compensation benefits even if you are an undocumented worker. Your employer can terminate you if it discovers you are undocumented, but the workers’ compensation insurance company cannot deny your claim based on your immigration status alone.
In most instances, so long as you sustain a new compensable injury, you are entitled to receive Workers’ Compensation for your injury despite having a prior claim. There are potential prohibitions on recovery if you misled your employer about a prior injury.
No, workers’ compensation benefits are not taxed. Likewise, any related workers’ compensation settlement is not taxed.
Your weekly checks are calculated by averaging your wages in the one year prior to your date of injury. You are then eligible to receive two-thirds of this amount for any week that you miss work due to your work injury. The insurance company must take into account overtime and bonuses when calculating your weekly benefits.
In the majority of cases, you are eligible to receive payment for medical care and lost wages at 2/3rds your average weekly earnings, including overtime and bonuses (often called “TTD”), in the year prior to your date of injury. You may also be entitled to compensation for permanent disability, often referred to as a “rating.
Only if the physician you are seeing for your injury tells you the job is safe to perform in your condition. You should alert your physician if you feel unable to work and follow his or her advice to protect your physical health. Explain to your physician in detail what your job duties require and why you feel you are unable to perform those duties.