By Denise Jennex
The Workers’ Comp law has changed. These are the changes that are currently in effect. The law will change again on January 1, 2005. Once the state has finalized those changes you will be notified.
Pre-Designation of Physician
Only an employee covered by a group health plan is allowed to pre-designate a treating physician (MD only) of his or her choice. The doctor must have previously been the worker’s primary care physician, and must agree to be pre-designated. A worker can begin treatment immediately after the injury with a pre-designated doctor. The District has a revised 2004 Pre-Designation form which must be completed.
Claim Form/Immediate Medical Treatment
The employer must authorize medical treatment within one working day after the employee files a claim form so you must make sure you actually file the form not just make a complaint.
Cap On Temporary Disability Benefits
The new law places a 2-year cap on aggregate temporary disability benefits for most injuries after April 19, 2004, except where a worker has an injury before January 1, 2004, in which case the cap is 240 weeks within five years from the date of injury.
Vocational Rehabilitation
Rehabilitation is abolished for injuries after January 1, 2004, except for limited educational vouchers.
Understanding how the new law works can make a huge difference in how an injured worker’s rights will be affected. If you have been hurt on the job, first make sure you get a claim form from your supervisor, fill it out, and turn it in. Call the BTA office for referral to a Workers’ Comp attorney or if you have any questions.