Alaska Workers' Comp Claims: Eligibility, Filing, and Appeals
Know your rights under the workers' compensation system in Alaska
In Alaska, all employers must carry workers’ compensation insurance. As in other states, the workers’ compensation system in Alaska is a no-fault system that compensates injured workers for medical bills, lost wages, and permanent impairments resulting from their injuries. To take advantage of these benefits, injured workers must follow certain procedures required by Alaska law.
Who Is Eligible for Workers’ Comp Benefits?
Most employees are covered by workers’ compensation in Alaska. However, there are a few exceptions for employees engaged in certain types of work. For example, workers’ comp does not cover part-time babysitters, temporary workers hired to help with harvest, and commercial fishers.
Workers’ compensation covers all injuries or illnesses that happen in the course and scope of employment, including traumatic injuries and occupational illnesses. Traumatic injuries are those that result from a one-time accident at work, such as a broken bone from a slip and fall. Occupational diseases are injuries or illnesses that occur over a period of time, including injuries caused by repetitive movements at work (such as carpal tunnel syndrome) and illnesses developed from exposure to toxic substances at the workplace (such as cancer from exposure to asbestos).
What Should I Do if I’m Injured at Work?
To receive workers’ comp benefits, you should report your injury to your employer as soon as possible. You must submit an injury report (Form 07-6100) to your employer within 30 days of your injury. If you fail to do so, your claim for benefits may be denied. Once your employer receives the report, it should notify its insurance company and the Alaska Workers’ Compensation Board (AWCB).
How Do I Get Medical Treatment?
If you need emergency medical treatment, you can go to the nearest hospital or urgent care center. For non-emergency care, you may select any doctor who is willing to treat workers’ comp injuries. If you’re not happy with your treatment, you can change doctors once by notifying the insurance company. Additional changes must be approved by the insurance company in writing.
What Benefits Can I Receive?
In Alaska, insurance companies must pay for all reasonable and necessary medical treatment related to your injury for at least two years. This includes the cost of doctors’ visits, hospital bills, prescriptions, and prosthetic devices. You can also receive reimbursement for mileage and other transportation expenses incurred in traveling to and from medical appointments. In addition to medical benefits, you will also be eligible to receive disability benefits.
Temporary Disability Benefits
If you need time off from work while you are recovering from your injuries, you can receive temporary total disability benefits. These benefits are 80% of your weekly wages, subject to a maximum set by state law each year. For 2017, the weekly maximum is $1,239. You will receive these benefits until you are able to return to work or until you reach medical stability, meaning that your condition is not expected to improve any further.
If you are able to work while recovering from your injury, but you are earning less than you used to, you can receive temporary partial disability benefits. These benefits are 80% of the difference between your weekly wages before and after your injury, subject to the same maximum described above. These benefits will continue until you reach medical stability or until five years have passed, whichever happens first.
Permanent Disability Benefits
Once you reach medical stability, your doctor will evaluate you to determine whether you have a permanent disability. If your injury has left you permanently and totally disabled, you can receive permanent total disability benefits. These benefits are available only for the most serious injuries, such as the loss of both hands, feet, arms, legs, eyes, or a combination of two of these body parts. Permanent total disability benefits are often paid at the same rate as temporary total disability benefits for the rest of the worker’s life.
If you have a permanent injury, but you are not totally disabled, you can receive permanent partial impairment (PPI) benefits. The amount of your award depends on the impairment rating assigned by your doctor, which is stated as a percent of the whole person. The impairment rating is then multiplied by $177,000 in order to calculate your award. For example, if you receive a 10% impairment rating, you would receive a lump sum award of $17,700.
What If My Claim Is Denied?
If your claim is denied and you want to appeal, you must file a written claim with the AWCB within two years of your injury or the last voluntary benefits payment by the insurance company. You can then request a hearing before a workers’ compensation judge. If you disagree with the judge’s decision, you will have an opportunity to appeal the decision. For more information on the appeals process, see our article on appealing a denial of your Alaska workers’ comp claim.