FIVE THINGS YOU NEED TO KNOW ABOUT THE NEW WORKERS' COMPENSATION LAW
1. HAVE THE RULES FOR REPORTING AN ACCIDENT AND FILING A CLAIM CHANGE?
No. There is still a 30 day time limit to notify the employer about an on-the-job accident.
The legal time limitation to file a claim is still 2 years, Therefore, you should still follow the misstep process for avoiding problems in workers' compensation claims: 1) Notify the employer as soon is possible; 2) File a C-3 form with the Workers' Compensation Board; 3) See a doctor who handles workers' compensation cases and who will file C-4 forms.
2. IF I HAVE AN EXISTING CASE, ARE MY BENEFITS AFFECTED ?
No. The law does not change the amount of benefits or the time periods for existing cases. Existing cases are still subject to the $400 maximum benefit rate, and if the accident occurred before the effective date of the new law permanent partial disability benefits are not time-limited.
3. HOW DOES THE NEW LAW CHANGE BENEFITS FOR NEW ACCIDENTS?
All accidents that occur after the effective date of the new law are subject to the time limits for permanent partial disability discussed below. The maximum benefit rate increases as follows: For accidents between July 1, 2007 and July 1, 2008 the maximum benefit is $500/week.
The minimum benefit rate is also raised to $100 per week (from $40) as of July 1, 2007.
For accidents between July 1, 2008 and July l , 2009 the maximum benefit is $550/week.
For accidents between July 1, 2009 and July 1. 2010 the maximum benefit is $600/week.
The maximum benefit rate for accidents occurring after July 1, 2010 will be two-thirds of the state average weekly wage, which will be decided by the Commissioner of Labor.
Today that figure would be about $650, and it will change every year from 2010 forward.
4. WHAT ARE THE NEW TIME-LIMITS FOR PERMANENT PARTIAL DISABILITY BENEFITS ?
Workers who are permanently partially disabled are no longer entitled to be paid indefinitely. Instead, there is a scale of time limits depending on the level of disability.
The scale is: Degree of Disability = Weeks of benefits
. 95- 99% = 525 weeks.
91-95'% = 500 weeks.
86-90% = 475 weeks.
81-85% = 450 weeks.
76-80% = 425 weeks.
71-75% = 400 weeks.
61-70% = 375 weeks.
51-60% = 350 weeks.
41-50% = 300 weeks.
31-40% = 275 weeks.
16-30% = 250 weeks.
1-15% = 225 weeks
These time limits apply only to permanent partial disability awards, and are in addition to awards for any period of temporary total or temporary partial disability. Permanent total disability benefits are not time-limited, and workers who are more than 80% disabled can apply for an “extreme hardship” extension of their time-limits.
5. HOW HAS MEDICAL TREATMENT CHANGED?
The worker still has the right to choose their own doctor. However, the rules for medical tests and prescription medication have changed. ('he worker's doctor can no longer choose where the worker goes for a medical test; the insurance company now selects the location. Also, the insurance company can now require the worker to use a particular pharmacy to |11 prescriptions (although the workers' doctor still decides what medication to prescribe).
There is now a today time limit for a workers' compensation insurer to either reimburse a worker for out-of-pocket expenses or to provide an explanation (previously there was no time limit). Also, advance authorization is now needed only for tests or treatment that cost more than $ 1,000 (up from $500).