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Workers Compensation Benefits
Accrual of medical benefits, The right to medical benefits
for a compensable injury accrues as of the date of injury and continues for the
life of the injured worker, or until terminated by agreement between the injured
worker and the carrier, and is limited in amount only according to the
reasonableness of the expense and the necessity of the treatment.
The statutes of this act cover workers who have been injured
while working within the scope of their employment. For example, any injury
suffered by an employee at the employer's place of business during working hours
would be covered, but an injury that is sustained while traveling to or from
work usually would not be covered except, for example, in such cases in which
the employee is injured when the employer provides transportation to a work
site.
The worker compensation laws cover physical and
emotional problems caused by work-related stress, accidents such as injuries
sustained while operating machinery, injuries caused by normal work activities
such as back injuries from lifting, and repetitive motion injuries such as
carpal tunnel syndrome. Sometimes, however, the employer may not be responsible
for the employee's injuries if such injuries were caused by voluntary
intoxication, or by failure to use prescribed safety equipment worker
compensation laws vary from state to state consult with a law firm.
The insurance carrier shall reimburse the injured employee based on the travel rate for state employees on the date
travel occurred, using mileage for the shortest reasonable route. The mileage shall be calculated from the
employee's home or the employee's place of employment, depending on the place of departure. If the place of
departure is other than the employee's home or place of employment, the mileage shall be calculated based on the
lesser of the distance between the health care provider and the employee's home, the employee's place of
employment, or the place of departure. Travel is measured from location to location. When an injured employee's
travel expenses reasonably include food and lodging, the carrier shall reimburse for the actual expenses not to
exceed the current rate for state employees on the date the expense is incurred.
The average weekly wage for computing temporary income benefits may be increased or decreased to more
accurately reflect the seasonal nature of the employment, if such an adjustment would more accurately reflect
the wages the employee could reasonably have expected to earn during the period that temporary income
benefits are paid. Evidence of earnings shall be submitted at the time an adjustment is requested. The
evidence should include proof of the employee's earnings in corresponding time periods of previous years. In
case of a dispute, the commission shall set a benefit review conference to consider whether an adjustment
should be made.
Resource Box:
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