Question 1

How is the amount of cash benefits determined?

Accepted Answer

The amount of cash benefits is determined by several factors, including your average weekly earnings before the accident, whether you have evidence of these earnings, your level of disability as assessed by doctors and the Board, and other considerations. Each claim is unique.

Question 2

What factors influence the speed of receiving cash benefits?

Accepted Answer

The timeline for receiving cash benefits depends on whether the Insurance Carrier is contesting the claim, when the claim was filed, if the employer had an active workers' compensation policy, and the medical evidence submitted to the Board. Each claim is unique.

Question 3

Can I return to work while my claim is still open?

Accepted Answer

Yes, returning to work does not automatically close your claim. Your claim can remain open for ongoing medical treatment or a reduced earnings award, and you may still be eligible for a lump sum settlement.

Question 4

What is a Schedule Loss of Use (SLU) award?

Accepted Answer

A Schedule Loss of Use award provides cash benefits for the loss of wage-earning capacity due to a permanent functional impairment of a body part resulting from an on-the-job injury. This is determined by the Workers' Compensation Board based on the law and impairment guidelines.

Question 5

Under what conditions can a workers' compensation claim be settled?

Accepted Answer

A workers' compensation claim can be settled if both the Insurance Carrier and the Claimant agree. This is typically formalized through a Section 32 waiver agreement, which can either close the claim entirely or keep medical treatment open while closing the cash benefit portion. The Board must review and approve these agreements.

Gabriel Grajales & Moroff

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