Workers' Comp Brochure

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THE ALASKA WORKERS' COMPENSATION ACT is a law that covers most Alaska employees and employers. Employers who employ one or more workers must have workers' compensation insurance. An employer must buy the insurance from a licensed insurance company or be self-insured. Your employer cannot require you to pay any part of the insurance premium. If your employer does not have workers' compensation insurance, contact the Workers' Compensation Division or an attorney immediately.

THE ALASKA WORKERS' COMPENSATION BOARD and its staff, the Workers' Compensation Division, do not pay benefits. They collect and provide information about the workers' compensation system and benefits, and provide administrative support to the Board. The Board hears and decides disputed cases.

INSURER means the insurance company or the self-insured employer. The insurer or its adjuster pay or deny (controvert) compensation or medical benefits if you are injured.

INJURY means an injury or illness caused by work conditions on or after September 4, 1995. Contact the Division if you need information about an injury that happened before that date.

COVERAGE: Nearly all Alaska employees are covered. Commercial fishers are an exception, but some fish processor workers on floating processing vessels are covered. Other exceptions are contract entertainers, some taxicab drivers, part-time babysitters, cleaning persons, some sports officials, harvest help and similar part-time or temporary workers. Most unpaid volunteers are not covered, but some volunteer ambulance attendants, volunteer fire fighters and police officers, volunteer emergency medical technicians, and volunteer civil defense or disaster workers are covered. Sole owners and partners of businesses and executive officers of non-profit corporations are not covered but may choose to buy coverage. Executive officers of corporations-for-profit are covered but may choose to waive coverage. Although federal employees and most maritime workers are not covered under Alaska law, they may be covered under federal law. If you want to know whether you are covered, contact the Division.

WHEN NO COMPENSATION IS PAYABLE: AS 23.30.235. Compensation under this chapter may not be allowed for an injury (1) proximately caused by the employee's willful intent to injure or kill any person; (2) proximately caused by intoxication of the injured employee or proximately caused by the employee being under the influence of drugs unless the drugs were taken as prescribed by the employee's physician. ["Drugs" are controlled substances as defined by law.]

PENALTY FOR LYING: AS 23.30.250. A person who (1) knowingly makes a false or misleading statement, representation, or submission related to a benefit under this chapter; (2) knowingly assists, abets, solicits, or conspires in making a false or misleading submission affecting the payment, coverage, or other benefit under this chapter; (3) knowingly misclassifies employees or engages in deceptive leasing practices for the purpose of evading full payment of workers' compensation insurance premiums; or (4) employs or contracts with a person or firm to coerce or encourage an individual to file a fraudulent compensation claim is civilly liable to a person adversely affected by the conduct, is guilty of theft by deception as defined in AS 11.46.180, and may be punished as provided in AS 11.46.120 - 11.46.150. (Upon conviction of theft by deception you may be punished by a fine up to $50,000, imprisonment up to 10 years, or both.)

1. If needed, get first aid or medical care immediately. You may choose the physician. Before changing physicians, read statement number 6 below and "Choice of Doctors" for more information.

2. Tell your supervisor, your employer or "the office," about the injury right away. You must give written notice to your employer and the Workers' Compensation Board within 30 days after the accident or when you think you have an illness caused by work. The Board provides the "Report of Occupational Injury or Illness" (Form 6101) for this purpose. Get the form from your employer or the Workers' Compensation Division. Complete your part of the form, and give your employer all the copies. After your employer completes its portion, your employer should give you the yellow and green copies. If your employer will not give you a form, contact the Division.

3. Write down your employer's official name and address and the insurer's name and address. Your employer must post a notice of insurance or self-insurance in three places where employees can easily see it. If your employer did not post a notice or if your employer will not give you the insurer's name when you ask, contact the Division.

4. Write down your supervisor's, foreman's, or boss's name. Also write down the names of the people who saw your accident or the work conditions that may have caused your illness.

5. Get treatment from ONE licensed doctor. Give the doctor your employer's official name and address and the insurer's name and address. Ask your doctor to report to the insurer and the Board within 14 days of treatment. Tell the insurer your doctor's name and address right away.

6. You may change your treating doctor ONCE. However, BEFORE you change doctors, tell the insurer that you are making a change. IF YOU CHANGE DOCTORS MORE THAN ONCE WITHOUT THE INSURER'S WRITTEN AGREEMENT, YOU MAY HAVE TO PAY THE DOCTOR'S BILLS. If your treating doctor refers you to a specialist, this is not a change of doctors.

7. KEEP RECEIPTS for medicine, actual travel expenses (including mileage) and other costs of your medical care. Give copies of the receipts and the mileage record to the insurer for repayment. IF YOU DO NOT KEEP RECEIPTS, YOU MAY NOT GET REPAID.

8. If your injury keeps you from working for more than three calendar days, fill out the green copy of the injury report. If necessary attach copies of your W-2 forms, wage stubs, or other written records proving your earnings. Answer all questions about dependents FULLY AND TRUTHFULLY. Send the completed form, with wage proofs attached, to the insurer. DO NOT SEND THEM TO THE BOARD OR THE DIVISION as this will slow your payment. The insurer uses this information to figure your weekly disability compensation rate. Employer provided room and board, contributions to pension plans and other employer provided benefits may be used in figuring your disability benefit rate. Send the insurer proof of employer contributions as soon as possible.

9. TAKE GOOD CARE OF YOURSELF. Get needed treatment, follow your doctor's advice, and act reasonably. Make every reasonable effort to get well and go back to work. If you slow your return to work, payments may stop.

10. IMMEDIATELY TELL THE INSURER when you go back to work, if you get unemployment benefits, file for social security benefits, or change your address.

11. Contact the Division if the insurer doesn't pay what you think you should get.

12. Tell the truth. If you tell a lie or submit false documents to get benefits, you are guilty of a crime. The crime is punishable upon conviction by a fine up to $50,000, imprisonment up to 10 years, or both. You are also civilly liable to the person adversely affected.

ACCEPTANCE OR DENIAL (CONTROVERSION): The insurer usually learns of your injury from the injury report. Within 21 days after the employer knows about the injury, the insurer must start paying or deny benefits. (See next section When and How Payments Are Made). If the insurer denies benefits, the law says it must send you and the Workers' Compensation Board a denial (controversion) notice. The notice tells how to file a written claim and how to ask for a hearing before the Board.

FIGURING YOUR WEEKLY COMPENSATION RATE: Your weekly compensation rate is based on your gross weekly earnings. It is 80% of your spendable weekly wage, but is subject to certain limits. The Workers' Compensation Board makes rate tables that insurers use to figure your weekly disability benefit rate.

SPENDABLE WEEKLY WAGE: Your spendable weekly wage is figured by subtracting federal income and social security taxes from your gross weekly earnings. Your federal income tax for this purpose is based on the number of dependents you may legally claim at the time of injury under the Internal Revenue Service (IRS) Code. Your marital and dependency status is set at the time of injury; it stays the same for your workers' compensation disability benefits even if you get married, divorce, or have children while you are disabled. Even if your social security tax is fully paid when you are injured, the social security tax is still subtracted from your gross weekly earnings when figuring your spendable weekly wage.

1. If your work at the time of injury was strictly seasonal or temporary, your gross weekly earnings are 1/50th of all the wages you earned in the calendar year before your injury. You must give the insurer proof of your earnings.

2. If your work at the time of injury WAS NOT seasonal or temporary, you were employed for 13 calendar weeks immediately before your injury, and

3. If your work at the time of the injury WAS NOT seasonal or temporary and you were employed less than 13 calendar weeks immediately before the injury, your gross weekly earnings are based on the amount you would have earned, not counting overtime or premium pay, had you worked for your employer for 13 calendar weeks immediately before the injury, divided by 13. Your employer should give the insurer proof of what you would have earned.

4. If your earnings had not been fixed at the time of the injury or can't be determined, your gross weekly earnings are the usual wage for similar services. You should try to give the insurer proof of what the wages would have been for work like you did.

5. If you were a minor, apprentice, trainee in a formal training program, volunteer ambulance attendant, volunteer police officer, volunteer emergency medical technician, or volunteer fire fighter, contact the Workers' Compensation Division for information on how the insurer should figure your gross weekly earnings.

6. If you were injured before September 4, 1995, contact the Workers' Compensation Division for information on how your gross weekly earnings are figured.

MAXIMUM WEEKLY COMPENSATION RATE: You cannot get more than $700 a week for compensation benefits. Your weekly disability benefit rate is 80% of your spendable weekly wage or $700, whichever is lower.

MINIMUM WEEKLY COMPENSATION RATE: If you give the insurer proof of your earnings, the insurer must pay you $154 per week or your spendable weekly wage. If you do not give the insurer proof of your earnings, it must pay you at least $110 per week. There are exceptions when the insurer may pay less than the minimum rate. Contact the Workers' Compensation Division if you have questions.

NONRESIDENT WEEKLY COMPENSATION RATE: If you move from Alaska or live outside Alaska while getting benefits, the insurer must pay you at the non-resident weekly rate. If you leave Alaska for medical or reemployment services not available in Alaska, you get paid at your Alaska weekly rate.

The Workers' Compensation Division has a list of the cost-of-living figures for Alaska and other places in the United States. If you or the insurer thinks there is a big difference between the actual cost of living in the area where you live and the cost-of-living figure on the list, you or the insurer may ask for a hearing before the Workers' Compensation Board to decide your nonresident rate. The Board bases its decision on the general cost of living in your area, not your own particular cost of living.

WAITING PERIOD: No compensation benefits are paid for the first three days of disability unless you are disabled more than 28 calendar days.

HOW YOU ARE PAID: The insurer pays compensation benefits directly to you or the eligible dependents of a deceased worker. The first payment is due 14 days after the employer has knowledge of the injury or death. The insurer must pay disability and death benefits every 14 days unless the Board permits a different schedule. Each payment is due on the last day of the 14-day period. On or before each due date, the check should be mailed or given to you. Cashing the check does not close your claim.

INTEREST: If a payment was not paid when it was due, the insurer owes you interest.

LATE PAYMENT PENALTY: The insurer must pay you an additional 25% of any benefit paid more than 7 days after it is due. This is called a late payment penalty. However, the insurer may not have to pay a penalty if: (1) the insurer files a controversion notice within 21 days after the employer knew about your injury; (2) the insurer files a controversion notice within 7 days after your next check was due; or (3) the insurer shows the late payment was due to something beyond its control. In some cases, even if the insurer controverts your claim, you may still be able to get a penalty payment. Ask the insurer for the penalty if you believe it is due. If it refuses, contact the Division or an attorney.

IF YOU DO NOT GET PAID: If the insurer does not start payments or you believe the insurer owes you more benefits, CONTACT THE INSURER FIRST. If you and the insurer cannot agree, you have questions, or need help, contact the Division or an attorney.

MEDICAL OR REHABILITATION RECORDS IN AN EMPLOYEE'S FILE MAINTAINED BY THE BOARD ARE NOT PUBLIC RECORDS SUBJECT TO PUBLIC INSPECTION AND COPYING UNDER AS 09.25.100-220. ALL OTHER INFORMATION FILED WITH THE WORKERS' COMPENSATION DIVISION IS AVAILABLE FOR PUBLIC DISCLOSURE.

DISABILITY AND IMPAIRMENT BENEFITS: There are four types of disability and impairment benefits.

1. TEMPORARY TOTAL DISABILITY (TTD) BENEFITS are paid at your weekly rate until you are medically stable or can return to work, whichever comes first. A person usually reaches medical stability when the injury stops getting better.

2. TEMPORARY PARTIAL DISABILITY (TPD) BENEFITS are paid if you can return to work, but you earn less for a limited time while recovering (until you reach medical stability). TPD benefits are figured by taking 80% of the difference between your spendable weekly wage and your spendable wage-earning capacity after returning to work, but no more than your weekly TTD rate. Your actual wage after the injury less payroll deductions is usually considered your spendable wage-earning capacity. To get benefits, give proof of your actual wages to the insurer. TPD benefits are paid until you reach medical stability or for up to five years, whichever comes first.

3. PERMANENT PARTIAL IMPAIRMENT (PPI) BENEFITS are paid in addition to temporary disability benefits. PPI benefits are for permanent physical loss, like amputation, or loss of use of body parts or functions. When your doctor tells you your injury is medically stable, the doctor should (or you may ask the doctor to) examine you to determine your physical loss or loss of use of a body part or function. The doctor rates the percentage of loss. To rate your loss, the doctor must use the American Medical Association's GUIDES TO THE EVALUATION OF PERMANENT IMPAIRMENT, (4th ed. 1994) (AMA GUIDES). Under the AMA GUIDES injuries to the head, trunk, and most body systems are rated as a percent of the whole person. The AMA GUIDES also have ratings for loss or loss of use of fingers, hands, arms, toes, feet, legs, vision, or hearing. If the Board decides the permanent impairment cannot be determined under the AMA GUIDES, the impairment rating may be based on the AMERICAN ACADEMY OF ORTHOPEDIC SURGEONS MANUAL FOR EVALUATING PERMANENT PHYSICAL IMPAIRMENTS, (1st ed. 1965).

Alaska law sets the value of the whole person at $135,000. The insurer figures PPI benefits by multiplying the percent of impairment times $135,000. PPI benefits are paid in a lump sum unless you are in the reemployment process; then PPI benefits are paid every 14 days at your weekly compensation rate.

4. PERMANENT TOTAL DISABILITY (PTD) BENEFITS are paid if you can no longer regularly and continuously work because of your work injury. Loss of both hands, both arms, both feet, both legs, both eyes or any two such injuries amounts to PTD unless you can actually earn regular income. All other cases are decided on: the nature of the injury, degree of physical impairment, age, education, industrial history, ability to be trained, and availability of suitable work. Your weekly PTD benefits may be paid at a different rate than your TTD benefits if your gross weekly earnings at the time of your injury do not fairly reflect your earnings while disabled. PTD benefits are paid until disability ends or until death, whichever comes first.

DEATH BENEFITS: Benefits are paid to the employee's dependents if death results from a work accident or illness. Widows, widowers, and children are dependents. Children living in the worker's household or supported by a deceased worker, regardless of parentage, may be dependents. Unmarried children get benefits to age 19 or older while they go to high school or the first four years of trade school, technical school, or college. If there is no widow, widower, or child, then parents, grandchildren or brothers and sisters who prove dependency on the deceased worker may get limited benefits. CONTACT THE WORKERS' COMPENSATION DIVISION FOR MORE DETAILS ABOUT WHO ARE DEPENDENTS AND THE AMOUNT PAID FOR DEATH BENEFITS.

MEDICAL TREATMENT AND BENEFITS FOR THE INJURY: Benefits are paid for up to two years after the injury date. After two years, the Workers' Compensation Board may order the insurer to pay for medical care. Most insurers pay for care for more than two years if it is for the injury and needed for recovery. If the insurer does not pay for medical care for your injury, you should file a written claim and ask for a hearing so the Board can decide if the insurer must pay.

CHOICE OF DOCTORS: You may choose a licensed doctor to treat your injury (including a licensed medical doctor, surgeon, chiropractor, osteopath, dentist, or optometrist). You may change your treating doctor ONCE, but tell the insurer before you change. If your doctor sends you to a specialist, this doesn't count as a change of doctors. If you want to change to a third doctor, you MUST get the insurer's written agreement. If you change doctors more than once without the insurer's written agreement, YOU MAY HAVE TO PAY THE DOCTOR'S BILLS.

REPORTING: BE SURE YOUR DOCTOR REPORTS TO THE INSURER AND THE WORKERS' COMPENSATION BOARD WITHIN 14 DAYS OF TREATMENT. Check from time to time to see that the doctor keeps reporting within 14 days of treatment. Unless the doctor reports that you cannot work or that you are not medically stable, the insurer may never start or may stop your disability payments. The Board has the "Physician's Report" form for the doctor's use. If your doctor does not have the form, ask the insurer for forms to give your doctor. Until your doctor has the form, the doctor may send a copy of the chart notes, write a letter, or use another report form.

WHAT COSTS ARE PAID: Once the insurer gets a medical report and bill, it must pay the usual, customary, and reasonable (UCR) cost for the type of treatment. If the health care provider's charges are higher than the UCR, neither you nor the insurer have to pay the difference. Covered costs include doctor's and nurse's fees, hospital and physical therapy charges, prescribed medicine, crutches, artificial limbs, dentures, glasses, hearing aids, medical supplies, ambulance charges, reasonable transportation costs to and from the nearest place of treatment for your injury, and reasonable meal and lodging costs when you must be treated away from your home city.

Payment for repeated treatments of the same kind, such as physical therapy or chiropractic care, is limited. The insurer usually will not have to pay for treatments more often than: three times a week for the first month of that type of treatment, two times a week for the second and third months, once a week for the fourth and fifth months, and once a month for the sixth through twelfth months. If your doctor wants to treat you more often, your doctor must submit a written treatment plan. The insurer may not be required to pay the doctor if a written treatment plan is not sent to the insurer and given to you within 14 days after the first treatment.

HOW, WHEN, AND TO WHOM BENEFITS ARE PAID: Tell the doctor, hospital, or other medical provider the name and address of the insurer, and ask them to bill the insurer. The insurer will pay covered costs directly to the billing provider. If the insurer doesn't pay within 14 days after it has the report and the bill, a penalty and interest may be due.

If you pay medical bills, SAVE RECEIPTS. If you use a bus, taxi, train, or airplane to get medical care, SAVE RECEIPTS. If you use your own car, write down the date, where you went and your mileage. Give the insurer copies of the receipts and mileage record. The insurer pays mileage costs. Ask your insurer or the Workers' Compensation Board for the current rate. You must use the most reasonable transportation to get to care.

If needed medical treatment is not available in your home city, tell the insurer before you travel so you know what will be paid. SAVE RECEIPTS for meals and lodging. To get paid, you must give copies of the receipts to the insurer. The insurer pays travel costs according to 8 AAC 45.084(e) which says: "A reasonable amount for meals and lodging purchased when obtaining necessary medical treatment must be paid by the employer if substantiated by receipts submitted by the employee. Reimbursable expenses may not exceed the per diem amount paid by the State of Alaska to its supervisory employees while traveling."

EXAMINATIONS REQUESTED BY THE INSURER: At reasonable times, which may be as often as every 60 days, the insurer can ask you to be examined by a doctor of its choice. The insurer must give you at least 10 days' notice of the doctor's appointment. It can change its examining doctor only ONCE, unless you agree in writing to see a different doctor. If the insurer's doctor sends you to a specialist, this is not a change of the insurer's doctor. The insurer pays all reasonable costs for the examination. If you do not go to an examination, the insurer may stop compensation payments until you see the doctor.

EXAMINATIONS ORDERED BY THE BOARD: If your doctor and your insurer’s doctor disagree about your medical condition, an examination by a doctor selected by the Board may be required. The insurer must pay the costs of this examination and your reasonable transportation and lodging costs.

You may get reemployment (vocational rehabilitation) benefits if your injury is compensable and may permanently keep you from returning to your job at the time of injury.

REEMPLOYMENT BENEFITS ADMINISTRATOR: The Board employs a Reemployment Benefits Administrator who decides reemployment requests and hears disputes between you and the insurer.

HOW TO GET REEMPLOYMENT BENEFITS: You or the insurer may ask the administrator for an evaluation for reemployment benefits (job training). YOU must MAKE A WRITTEN REQUEST WITHIN 90 DAYS AFTER YOU GIVE NOTICE OF YOUR INJURY TO YOUR EMPLOYER.

Even if 90 days have passed since you gave your employer notice of your injury, you may still ask for an evaluation. Write a letter to the administrator telling why you didn’t ask for the evaluation within 90 days after you gave your employer notice of your injury. After reading your letter and other information in your file, the administrator decides if you get an evaluation even though your request was late.

When you request an evaluation, the administrator reviews your file and doctors’ reports. To get an evaluation, your doctor must say that your injury may permanently keep you from doing your job at the time of injury. If you are eligible, the administrator assigns a rehabilitation specialist. The rehabilitation specialist must do the evaluation and write a report within 30 days after being assigned. The insurer pays for the rehabilitation specialist. If you are not assigned a rehabilitation specialist, the administrator’s letter tells you what to do if you want to try to get an evaluation.

Within 14 days after the administrator gets the evaluation report from the rehabilitation specialist, the administrator must write and tell you if you get more reemployment benefits. If you are not eligible, the administrator’s letter tells you how to ask the Workers' Compensation Board to review that decision. If you are eligible and you want reemployment benefits, the administrator’s letter tells you what to do to get benefits. BE SURE TO FOLLOW THE INSTRUCTIONS AND THE TIME LIMITS in the administrator’s letter.

WHAT BENEFITS CAN YOU GET: If you are eligible and you want reemployment benefits, you and a rehabilitation specialist write a plan to return you to work. If you, the insurer, and the rehabilitation specialist sign the plan, you get to do the plan. If you or the insurer disagree, either of you may submit the plan to the administrator. The administrator has 14 days to approve or deny the plan. Within 10 days of the administrator's approval or denial of the plan, you or the insurer may ask in writing for the Workers' Compensation Board to review the administrator's decision.

You may get reemployment benefits for up to two years after a plan is agreed to or approved. The insurer pays for all the costs of your plan up to $10,000. The insurer also pays your rehabilitation specialist's fees. You get temporary disability benefits until you reach medical stability (your injury is healed or stops getting better). At that time you get permanent partial impairment (PPI) benefits paid to you every two weeks until PPI benefits are paid in full or until the plan is done. If you still have PPI benefits due when the plan is done, the remaining PPI benefits are paid in a lump sum. If you are not yet in a plan when your PPI benefits have been paid in full, you may get permanent total disability benefits until you are in a plan. If you are in a plan and are no longer temporarily disabled and your PPI benefits have been paid in full before the plan is done, the insurer pays a stipend of 60% of your spendable weekly wages, but not more than $525 per week."

REEMPLOYMENT RESPONSIBILITIES: The insurer can have you evaluated for reemployment benefits, but it cannot make you accept more reemployment benefits. If you request reemployment benefits, you must cooperate in the evaluation, or with an approved or agreed upon plan. Cooperation means that you must take part in the evaluation, work with the rehabilitation specialist, take part in activities relating to reemployment, and you must keep appointments, get passing grades, attend programs as provided in the plan, and keep in contact with the rehabilitation specialist. If you unreasonably fail to cooperate, the insurer may stop your reemployment benefits. If you disagree with the insurer's decision to stop benefits, you must ask in writing that the administrator hold a hearing to decide whether you cooperated.

YOU AND YOUR CLAIM: Make sure you know your rights. Keep track of and understand the payments the insurer makes to you. Keep a record of letters and phone calls between you and the insurer. If you have questions about your rights, benefits, or whether the insurer has paid all the benefits due, contact the nearest Division office or an attorney familiar with Alaska workers' compensation law.

INSURER’S RESPONSIBILITY: The insurer must follow the Alaska workers’ compensation laws in dealing with you and your claim. The insurer must also comply with Alaska’s insurance laws. The State of Alaska, Division of Insurance handles complaints about insurers not following the Alaska insurance laws. If you are not represented by an attorney, the Division of Insurance requires the insurer to give you necessary claim forms, written instructions, and reasonable help so you can comply with the law and claims handling requirements. An insurer may not require you to travel unreasonably for medical care, rehabilitation services, or other purposes. For more information about Alaska insurance laws, contact the Division of Insurance at P.O. Box 110805, Juneau Alaska 99811-0805, (907)465-2515 or in Anchorage at 3601 C Street, Suite 1324, Anchorage, Alaska 99502-5948, (907)269-7900, or in state toll free number (800)467-8725.

UNEMPLOYMENT BENEFITS: You may NOT get temporary total or permanent total disability payments and unemployment benefits at the same time. If you get unemployment benefits and you are getting disability benefits, tell the insurer right away.

EXEMPTIONS FROM DEBT AND TAXES: Disability benefits are not taxable. If a creditor has a judgment against you, the creditor can take part of your weekly disability benefits. You can go to court to have the court decide how much of your weekly disability benefits you can keep. You will need an attorney’s help.

OVERPAYMENT AND ADVANCES: The insurer sometimes makes advance payments or overpays benefits. The insurer may keep up to 20% of each future payment until the overpayment or advance is repaid. The insurer must get Workers' Compensation Board approval to take more than 20%. If you question whether an overpayment or advance was made or whether the insurer is reducing your checks by the right amount, talk to the insurer. If you still have questions after talking to the insurer, contact the Workers' Compensation Division.

APPLYING FOR WORK: After you recover and apply for work, you should be aware of AS 23.30.022, which says: “An employee who knowingly makes a false statement in writing as to the employee’s physical condition in response to a medical inquiry, or in a medical examination, after a conditional offer of employment may not receive benefits under this chapter if (1) the employer relied on the false representation and this reliance was a substancial factor in the hiring; and there was a causal connection between the false representation and the injury to the employee.”

Also, the law says you may sue an employer who discriminates in hiring, promoting or keeping you on the job because you filed a claim for workers’ compensation.

A federal law, the Americans with Disabilities Act (ADA), limits prospective employer’s rights to ask you about your physical condition (health). You can get information about the ADA by calling the federal Equal Employment Opportunity Commission at 1-800-669-4000, or writing the Commission at 907 First Avenue, Suite 400, Seattle, Washington 98104-1061.

SOCIAL SECURITY OFFSET: If you or your dependents get social security benefits, your workers’ compensation disability or death benefits may be reduced. You should tell the insurer when you file for social security benefits, and if you get social security benefits. If you have questions, contact the Workers' Compensation Division.

HEARINGS: If you and the insurer disagree about your right to benefits or the amount of benefits due you, YOU may file a claim and ask for a hearing before the Board. Contact the Workers' Compensation Division for information and forms.

COMPROMISE AND RELEASE: You and the insurer may enter into a written compromise and release agreement (C&R). The C&R may settle a part or all of your past and future benefits. Read the C&R carefully. Be sure you understand what the C&R means. Even if you sign the C&R, it is not binding and legal until the Workers' Compensation Board approves it. The Board can approve a C&R only if it finds the C&R meets certain requirements and is in your best interest. Once the Board approves a C&R, it is final. You are not likely to be able to set aside an approved C&R.

ATTORNEY: You may choose to hire an attorney at any time to deal with the insurer or present your case at a hearing. An attorney will probably present the insurer's case at a hearing. If you plan to hire an attorney, see her or him early in the case to help you file and get ready for a hearing. The Alaska Bar Association has a referral system to help you find an attorney willing to handle workers' compensation claims. In Anchorage or from outside of Alaska call (907)272-0352. If you are in Alaska, but not in Anchorage, call 1-800-770-9999.

ATTORNEY'S FEES: If the Workers' Compensation Board awards benefits that the insurer delayed or refused to pay, the Board orders the insurer to pay all or part of your attorney's fees and legal costs.

If the Board denies your claim, you may have to pay your attorney's fees. The amount of fees may vary based on your agreement with your attorney. Your attorney cannot collect a fee of more than $300 for work done on your case without Board approval. The attorney can have you pay your legal costs without Board approval. You do not have to pay the insurer's attorney's fees and legal costs unless you knowingly lie to get benefits.

REPORTING YOUR INJURY: Within 30 days after the injury or death, you or the dependents of a deceased worker must give the employer and the Board written notice of the injury or death. If you do not give this notice, the Board may excuse the failure to give notice in certain circumstances. If 30 days have passed and you have not given your employer written notice, contact the employer and the Division immediately.

FILING A WRITTEN CLAIM: Within two years after the date you knew the nature of your disability and its connection with your work and after disablement, you must file a written claim with the Workers' Compensation Board. This is in addition to giving written notice of injury to your employer and the Board. The Board has a claim form for you to file a written claim. If you don’t file a written claim, you will lose your right to benefits. If the insurer voluntarily pays compensation, you must file a written claim within two years after the last payment. Dependents may lose their right to death benefits unless they file a claim within one year after the death.

ASKING FOR A HEARING: Within two years after the date the insurer files a notice denying (controverting) your claim, YOU must file for a hearing before the Workers' Compensation Board. You will lose your right to the benefits denied in the controversion notice if you do not ask for a hearing within the two years.

ASKING FOR A REEMPLOYMENT EVALUATION: Within 90 days after you give your employer notice of your injury, you must ask for a reemployment evaluation. If 90 days have passed and you haven't asked for an evaluation, contact the Workers' Compensation Division and the insurer right away.

FORMS ARE AVAILABLE FROM THE DIVISION. IF YOU CANNOT GET FORMS IN TIME, WRITE THE DETAILS OF YOUR CLAIM IN A LETTER TO THE BOARD, EMPLOYER AND INSURER. Be sure to put your date of injury and the employer's full name and address in the letter. you must sign the letter.

...or if you need information about a work injury that occurred BEFORE September 4, 1995 call, write or come by the nearest DIVISION office.

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ALASKA WORKERS' COMPENSATION DIVISION
ANCHORAGE	FAIRBANKS	JUNEAU
3301 Eagle Street Suite 304 P.O. Box 107019 Anchorage, Alaska 99510-7019 (907) 269-4980	675 Seventh Avenue Station H2 Fairbanks, Alaska 99701-4593 (907) 451-2889	1111 W. Eighth Street Room 307 P.O. Box 25512 Juneau, Alaska 99802-5512 (907) 465-2790