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Dawn Atkin

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Workers' compensation benefits are limited by Utah law, therefore, it is important that the adjuster properly pays all of the benefits owed.  The following is a complete list of the benefits that can apply in a workers' compensation claim.

Medical Expenses: All medical expenses related to the injury are to be paid. Make sure the adjuster receives all bills, even those that have been denied, within one year of the treatment. Legal action can be taken on any unpaid bills as long as they were submitted to the adjuster within a year.

Mileage: Mileage to and from the doctor's office should be promptly reimbursed upon request. Reimbursement is currently 51.5 cents per mile. The amount is adjusted every July 1st. Mileage expires if reimbursement is not requested within a year of the doctor's appointment.

Temporary Total Disability: TTD is payment for time off work when a doctor's restrictions prevent work. It is paid at two thirds of the normal wage, up a maximum of the state average weekly wage, until medical stability or Maximum Medical Improvement (MMI). Benefits should be paid based on what you would have earned the week of the injury if the accident had not intervened. 

Temporary Partial Disability: Compensation for reduced wages during light duty is TPD. TPD is paid at two thirds of the lost pay, up to a maximum of the state average weekly wage, until MMI is reached.

Permanent Partial Disability: Impairment ratings are compensation for the permanent injury caused by the industrial accident. The rating must be done by a doctor. If it is not done by the treating physician, legal action should be taken to force the proper payment of benefits.

Permanent Total Disability: If the injury is permanent and prevents return to any past work the injured worker has ever done, PTD provides retraining and, potentially monetary benefits for life. These are complicated claims that an injured worker should not attempt to handle on their own. The insurance company hires an attorney for these cases. You should too.

Death Benefits: If an injury results in death, burial benefits as well as ongoing weekly benefits paid to dependents (spouse and children under 18, but other dependent situations can occur).

Interest: 8% simple interest per annum accumulates on unpaid benefits.

__________________
K. Dawn Atkin
Attorney with Atkin & Associates
(801) 521-2552
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