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A: An injured worker is entitled to three main areas of Workers Comp benefits. They are as follows:
Medical Benefits - An injured worker is entitled to medical treatment aimed at curing his work related injury. Since the employer has to pay for this medical treatment, they also get the right to select the injured workers' doctors. However, if the employer refuses to provide appropriate medical treatment, or authorizes doctors that are not qualified to provide that care, the injured worker has the right to file a Motion with the Court seeking a Court Order requiring the employer to provide the correct medical treatment.
Temporary Disability Benefits - An injured worker is entitled to payment for his time out of work as a result of his work related injury. The injured worker is entitled to 70% of his gross weekly wage, including overtime and tips, subject to a maximum and minimum amount designated for the year of the accident. If the employer refuses to provide appropriate Temporary Disability Benefits, the injured worker has the right to file a Motion with the Court seeking a Court Order compelling these benefits.
Permanent Disability Benefits - An injured worker has the right to seek a money award for permanent disability. An injured worker need not be totally disabled to obtain this money award. In the overwhelming majority of lawsuits workers who file workers comp claims have returned to the same job they had before their accident. The injured worker only needs to show that his physical ability has lessened as a result of the job related injury.