When you are hurt at work, workers’ compensation plans put the employer in charge of a lot of decisions. Because their plan is footing most or all of the bill, your employer directs your care. This may mean that you, as the injured worker, will be required to travel farther than you normally would to seek medical treatment. If you need to see a specialist, it may be that he or she is not in your hometown, which also means traveling a distance.
What many people don’t realize is that medical miles can be reimbursed. As you travel to and from the doctor, be sure to log your miles so that you can receive payment for your expenses. Note that this only applies if the round-trip distance is more than ten miles from your home.
How is reimbursement calculated? The 2016 per mile rate is $0.54. Take your mileage and multiple it by that figure to see what you are owed. The rate changes every year, however, so be sure to take note of the new rate when logging 2017 miles.
If you use public transportation, rest assured your expenses are covered as well. Just keep track of the actual costs of your fare.
Finally, in some instances, it may be necessary to incur costs for overnight lodging and meals. These, too, are reimbursed within reason.
If you have additional questions about reimbursement for medical travel expenses, reach out to an attorney so that you have the support you need and the care you deserve. At Oxner + Permar, we care a great deal about our clients, and we’re always here to help.
I hear this question all of the time, and I understand my clients’ frustrations. When you’re injured on the job, it doesn’t take long for concerns to mount. You’re in pain. Out of work. You need treatment. And to top it all off, you feel like no one is on your side. When your employer and the insurance company aren’t cooperating and supporting you to the fullest extent of the law, it’s like putting salt on your already painful wound.
If this sounds like your situation, you might be wondering if you can secure payments to cover your pain and suffering. Unfortunately, workers do not get payment for pain and suffering under the workers’ compensation laws. The purpose behind the Workers’ Comp Act was to make sure that injured workers received prompt medical treatment and benefits without having to wait until the end of their case. In order to make this happen there had to be a trade off, and the trade off limits what the employee can get from the employer by allowing the employee to be compensated for medical benefits and wage loss—only.
While you won’t be able to get money for pain and suffering, keep in mind that workers’ compensation is set up the way it is because of its ultimate goal: to make sure employees get the medical compensation and payment of wage loss much more quickly than in years’ past, and in time to make a real difference.
If you’ve been injured in a car accident, you may have heard the term “negligence per se” in regards to your case. Negligence per se is what is used to determine whether or not negligence directly resulted in your injury. This could include anything from texting while driving to speeding to reckless driving in hazardous weather conditions. In order to prove negligence per se you must be able to show that:
For instance, let’s say the defendant was texting while driving, which resulted in their drifting over the centerline and striking your car. If you broke your arm in the crash, it might be possible to prove negligence per se. This scenario fulfills all of these requirements.
First of all, the plaintiff broke the law by texting while driving. The second condition is fulfilled because the law against texting while driving is to prevent drivers from causing accidents because they are paying attention to their phone rather than the road. Third, other drivers fall under the category of people this law is designed to protect. And finally, breaking your arm in the crash is a direct result of their negligence.
It’s important to note that negligence per se can be used against you as the plaintiff as well. For example, if you were the one texting while driving when another vehicle struck you, they might be able to prove that your distraction was “contributory negligence.” In other words, your texting hindered your ability to react to the situation effectively, putting you at some degree of fault.
If you work in South Carolina and have suffered a work injury, you might be concerned about what you need to do to ensure that you’re being taken care of and that you’re receiving the benefits you need for a safe and speedy recovery. Don’t panic! There are two important steps that you must follow:
The absolute first thing you need to do when hurt on the job is to inform your employer of the injury. The best policy is to make sure that there is physical documentation of your injury. File an accident report if you can. If your claim is related to an occupational disease be sure to keep evidence of doctors notes. You have 90 days from your accident or diagnosis to report your injury to your employer.
The next step is to file a claim. You have two years to file a claim for workers’ compensation; however, we generally recommend filing sooner rather than later. You don’t want to find yourself coming up against deadlines. In the event of the death of the injured employee their dependents (or parents if there are no dependents) are responsible for filing the claim.
If you have any questions about filing a claim or reporting your injury, don’t hesitate to contact an attorney. Oxner + Permar has the experience to guide you and make sure that you are taking the right steps to receive your workers’ comp benefits.
Things were going along fine, and then you suffered a workplace injury. Now you are wrapped up in a workers’ comp case and trying to figure out next steps. To make matters worse, the workers’ compensation doctor is recommending surgery.
Chances are, you have a lot going through your head.
Perhaps you don’t want surgery. Or, maybe you want surgery, but you would rather have the procedure with a doctor you know and trust versus the one recommended by the insurance company? Another common scenario is when the insurance company sends an injured worker to a second doctor, and that doctor recommends against surgery. Sometimes workers compensation decides not to pay for the procedure—even though you know you need it.
The whole experience can be frustrating, confusing and nerve-racking, and all you are trying to do is get better and return to work. When a surgical recommendation is on the table, it is important to know your rights. At Oxner + Permar, we care a great deal about our clients. We want you to feel informed, listened to and supported. Call us to discuss your options so we can help you determine what may be the best course of action considering the particular circumstances of your case. It’s what we do, day in and day out, because we believe in making wrongs, right.
