Good question. And like a good lawyer I will give you the answer you all saw coming – it depends.
Sometime your employer accepts the claim, but will file a document called a Form 43 to preserve their ability to challenge the extent of the injury later. But if the claim is accepted one of three things generally happen:
- If you are completely unable to resume work they will pay you a percentage of you average weekly wage.
- If you can do some work, and your employer can accommodate you, then you head back to work. You are paid as you normally are from your employer.
- If you can do some work, but your employer can’t accommodate you, you likely will be required to do job searches for work you can do. During this time, so long as you submit those job searches you should get paid a percentage of your average weekly wage.
There are some nuances, but broadly speaking this is the process.
They will also pay for your medical treatment, medications, and mileage.
Average weekly wage is what it sounds like, how much on average did you make per week while working for that employer. Calculating the percentage is more complex and The Workers’ Compensation Commission provides a handy chart to figure it out.
Sometimes, they file the Form 43 to indicate that they are rejecting the claim altogether. They are telling you quite plainly to get back to work. The only way to combat a denial of benefits is to request a hearing and begin providing documentation as to why you really were injured on the job. If this happens, it is probably a good idea to consult a workers’ compensation attorney.