Types of Compensation Available for Victims of Accidents at Work

Workers incur many losses after suffering injuries in accidents at work. The most common losses include medical expenses for treatment, therapy, and medication. Additionally, injuries may affect workers’ ability to perform job duties and force them to take time off. As a result, they will not earn their usual wages.

Workers’ compensation benefits provide an essential lifeline until an injured employee can return to work. However, you may need a workers’ compensation lawyer to overcome claim denials and force the insurer to pay fair compensation for your injury.

Workers’ Compensation Benefits

After a work accident, you have 72 hours to inform your employer and ten days to report your injury to Wyoming’s Workers’ Compensation Division. Your employer must also file an injury report to start your claim within ten days.

If the insurer’s claim analyst approves your claim, you will become eligible for two types of benefits — medical and indemnity. These benefits fall into the following categories:

Medical Expenses

Workers’ comp should cover all expenses associated with treating your injury. Importantly, you do not need to use a particular provider to receive these benefits. Instead, you can choose your doctor for your injury treatment.

Workers’ comp medical benefits cover the costs of all of the following:

• Ambulances
• Surgeries
• Hospitals
• Outpatient procedures
• Diagnostic tests
• Nursing care
• Physical therapy and chiropractic treatments
• Mental health counseling related to your physical injury
• Medication

Workers’ comp will also pay for supplies and equipment associated with your work injury, such as:

• First aid supplies (e.g., bandages and gauze)
• Durable medical equipment (e.g., a wheelchair or home hospital bed)
• Prosthetics

Workers’ comp will cover travel costs if you cannot get care within ten miles of your home. This benefit helps many Wyoming claimants in rural areas.

The insurer approves payments for expenses that meet the following criteria:

• Directly related to your work injury
• Reasonable in cost and effect
• Necessary to treat your work injury
• Appropriate for your injury

Occasionally, disputes will arise between insurers and claimants over medical care even after the insurer approves the claim. A workers’ compensation attorney can help protect your medical benefits.

Temporary Total Disability Benefits

If your doctor certifies that you cannot work, you will receive payments to replace some of your lost wages. Wyoming uses a complicated formula to calculate your temporary total disability benefits.

You will usually get two-thirds of your average monthly wage. However, the insurer can also calculate your benefit as 30% of the state’s average monthly wage if your earnings are sporadic. The insurer should pay the higher number. These benefits are paid directly to you and, in many cases, are not subject to income tax.

Disputes over temporary total disability payments usually take two forms. First, the insurer might try to manipulate the numbers to pay less than your full benefit. Second, your benefits end when you can return to work. Insurers may push you to return even if you cannot work.

Wyoming allows you to receive temporary partial disability benefits if you return to light duty. You receive these benefits if you can work but cannot perform your normal duties.

Permanent Disability Benefits

When medical treatment can no longer improve your condition, you have an “ascertainable loss.” Wyoming uses this term to describe permanent partial or total disabilities. Examples of an “ascertainable loss” include amputations, nerve damage, and brain damage.

You can have a permanent injury even if you are not totally disabled. For example, hearing loss in one ear qualifies even if your hearing is still good in the other ear. These benefits are paid based on the type of injury. Thus, a worker will receive less for losing a hand than an arm.

Vocational Rehabilitation

Wyoming pays for you to get retrained for new work if your injuries prevent you from returning to your former job. This training will help you change jobs to accommodate your permanent work restrictions.

Pain and Suffering: Is It Covered in Wyoming?

Pain and suffering is not covered by Wyoming workers’ compensation. You can seek compensation for these losses in a lawsuit but not in a workers’ comp claim.

Third-Party Claims

You cannot sue your employer or co-workers for work injuries if you are eligible for workers’ comp. However, you can sue third parties that contributed to your work injuries, such as:

• Manufacturers of defective products
• Careless drivers
• Property owners who fail to fix or warn you about hazardous conditions

These third-party claims can cover the losses left unpaid by workers’ comp, such as your unreimbursed wages, health insurance copays, and pain and suffering.

The Role of a Lawyer

Lawyers have three roles after a work injury to help you maximize your compensation. First, your lawyer can help you get your workers’ comp claim approved. Second, a lawyer can fight for full and fair workers’ comp benefits. Third, a lawyer will identify any third-party claims you might have.

FAQ

Does Workers’ Compensation Cover Me?

Most Wyoming-based employers must have workers’ comp insurance from either the state fund or a private insurer. Your Wyoming coverage applies when your employer sends you to work outside the state. Out-of-state employers must carry workers’ comp insurance compliant with Wyoming’s laws when they send workers into the state.

Will Workers’ Compensation Cover Injuries Caused by My Carelessness?

Workers’ comp is no-fault. It generally covers accidents at work regardless of the cause. You do not need to prove your employer was negligent to get benefits, and the insurer cannot deny your claim if you were careless. However, certain claims, like those resulting from your intoxication, might be excluded.

When Can Workers’ Compensation Insurers Deny Claims?

Workers’ comp only covers on-the-job injuries. For example, workers’ comp does not cover motor vehicle accidents during your commute or lunch break. However, it might cover crashes when your boss sends you to pick up supplies.

Contact Us After Accidents at Work

You are entitled to benefits after most work accidents. Contact The Spence Law Firm to identify all possible sources of compensation for your injuries.