2020 Analysis of Workers' Compensation Laws - 52

Fatalities: Income Benefits for Spouses and
Children (Chart VIII)
Benefits payable in the event of fatal injuries are shown in
Chart VIII. The benefits provided include a burial allowance
as well as a proportion of the worker's former weekly wages.
Although accidental death is always a tragedy, the economic
loss associated with death cases is often less than that of a
permanent total disability. Because of these considerations,
death benefits are generally paid to the spouse until remarriage
and to the children until a specified age. In addition, some
laws provide a maximum benefit total expressed as maximum
period for the payment of benefits. Figures for one child only
reflect compensation if sole survivor.

Waiting Period for Income/Medical Benefits
(Chart IX)
*	 Waiting Period-Statutes provide that a waiting period
must elapse during which income benefits are not payable.
This waiting period affects only compensation; medical
and hospital care are provided immediately. If disability
continues for a certain number of days or weeks, most laws
provide for payment of income benefits retroactive to the
date of injury. Statutory provisions for waiting periods are
summarized in Chart IX.
*	 Choice of Physician-Practices vary with respect to choice
of attending physician. States are divided nearly evenly
between those that give this decision to the employer
and those that give the choice to the employee. In some
states, selection must be made from an approved list. The
employer normally has the right to select a physician to
conduct an examination.

*	 Medical Benefits-Medical benefits, which make up a
sizable portion of all workers' compensation benefits paid,
are shown in Chart IX. In most instances, unlimited medical
benefits are provided either specifically by statute or by
administrative discretion.

Rehabilitation of Disabled Workers (Chart X)
Mutual interests of disabled employees and employers
generally favor starting rehabilitation as soon as possible.
Although rehabilitation is considered an integral part of
complete medical treatment, its uses may extend beyond
this-for example, where it includes vocational rehabilitation
and retraining.
Specific rehabilitation provisions now in workers'
compensation laws are outlined in Chart X. However,
rehabilitation is provided in all states even if unspecified in
the law. Maintenance allowance amounts and special fund
sources to finance rehabilitation also are indicated.
Insurance carriers and many employers having medical
departments are leaders in carrying on rehabilitation for the
industrially injured. Likewise, many major industries have
comprehensive programs for employment of the physically
handicapped. Smaller industries maintain modified programs
for placement of disabled individuals in congenial tasks. All of
these private programs help employees and employers alike.
The Federal Vocational Rehabilitation Act is now effective in
all states; it includes federal funds to aid states in vocational
rehabilitation of the industrially disabled.

52 | 2020 Analysis of Workers' Compensation Laws
2020 Analysis of Workers' Compensation Laws

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