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Employers do however have the right to ask employees to see another doctor. According to Section 207 of the Workers Compensation Act, an employer has the right to ask an employee to see another physician for another opinion (Wertz, Bryant). Another question that is often asked is how long can one receive treatment for an injury suffered at work? The answer to this question is very simple, for as long as it takes for the injury to heal.
There are no time limits for receiving treatment for an injury. Many times an injury can keep one out of work for a very long time. Employers are responsible to pay for reasonable and proper treatment that is related to ones injury (Danzon). This means that the employer is only liable for treatment that is necessary to the proper healing of a specific injury.
Any measures that are not normal procedure for an injury are not the employers responsibility. Employers are not in the dark on this subject, there are guidelines to go by for determining just cause for treatment. Many times there are cases that involve an employer who does not feel that they are liable for an employees injury. In cases like this many want to know if their health care provider will pick up the bill for the necessary treatment.
If an employer is disputing a claim, this means that workers compensation is not picking up the bill for any medical treatment; therefore, ones health insurance will pay the bill. A health insurer must pay the bill if the workers compensation insurer is denying the claim and has not made any payments to the injured worker based on his / her claim (Wertz, Bryant). Often times people that are injured at work have to miss time because of their injury. If someone was to miss time at work because of an injury, they are entitled to receive some benefits. If one was to miss more than seven days of work because of their injury, they are entitled to receive weekly compensation benefits. If one was to lose between seven and thirteen days of work, they will be paid for those days.
If one was to miss more than fourteen days, they will be paid for all of the days that they have missed (Wertz, Bryant). This all seems rather confusing too most, so to put it in simple terms, if one missed ten days, than they would receive three days benefits and if they missed twenty days, then they would receive twenty days of benefits. Will ones employer pay them their full salary while they are out? Unfortunately everyone wishes this were true.
An employer is only responsible for paying 80 % of ones after tax weekly wage. If the person who has been injured at work was injured prior to January 1, 1993, than the employer will pay two-thirds of the employees gross average weekly wage (Danzon). The limit on how much you can receive is $ 441. 00 per week. When faced with a claim, an employer has a specific time period in which they must make a decision, this decision is whether or not to pay the employee for lost time.
An employer has up to fourteen days to decide whether they will pay an injured employee for lost time. If the employer does not make a decision in the allotted time, they will be faced with the burden of paying a weekly compensation. The employer must pay this weekly compensation until they file what is known as a Notice of Controversy (Music. com).
The Notice of Controversy form is basically a form that an employer fills out when they decide to contest a claim. Receiving benefits for lost time is very important for injured people. This is an area that can get fairly complicated. If someone is injured at work and their injury is what is known as total, then they are entitled to receive benefits for as long as they are out of work (Wertz, Bryant).
Total just means that the employee is hurt to the point that they can not work at all because of their injury. There is what is known as partial injury. Partial injury means that one will recover and go back to work. In a case of partial injury, if one was injured on or after January 1, 1993, they can receive benefits up to 260 weeks.
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Research essay sample on Make A Decision Workers Compensation
