Wyoming Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of Wyoming's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Wyoming's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Wyoming.
Contents
- Introduction
- Special Employment Situations
- Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
Wyoming's system of worker's compensation (workman's comp) is compulsory for all employers engaged in extrahazardous occupations, meaning that those employers are required to provide worker's compensation insurance for their employees. For all other employers, the system is elective, meaning that they may choose between offering worker's compensation to their employees or being subject to civil litigation in the event of worker injury. Worker's compensation insurance is provided through a state fund. Waivers are not permitted.
Special Employment Situations
Workers engaged in "power farming", meaning farming involving power-driven equipment including motor vehicles, are covered by the act when one or more such workers are employed for an average of six months per year. Domestic servants are excluded from the state worker's compensation act.
Choice of Physician
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. Initial choice of physician is made by the employee.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability.
Payments are made for permanent total disability (PTD) subject to a weekly maximum payment amount, with an additional benefit available for the worker's minor children. Payments for PTD may continue for life. Benefits are subject to an offset for Social Security benefits.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PPD continue in proportion to scheduled injuries.
Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.
Beneifts may be available for permanent disfigurement of the face or head that affects earning capacity.
Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.
Limits on Attorney Fees
Attorney fees for claimants are reviewed by the court on a case-by-case basis. In certain cases, the attorney fee may be added to the award.
Copyright © 2003-2011 Aaron Larson. All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder. If you believe you may lawfully use a quotation, excerpt or paraphrase of this article under the Fair Use exception to copyright law, except as otherwise authorized by the author of the article, you must cite this article as a source for your work and include a link back to the original article from any online materials that incorporate or are derived from the content of this article.