The foregoing should not be construed above or as a replacement for the terms and provisions of the Alaska Workers' Compensation Act and is intended for information purposes only.

When should I file a claim?

For a complete recitation of the Alaska Workers' Compensation Act, please see the Alaska Statutes Title 23 Labor and Workers' Compensation, Chapter 30 Alaska Workers' Compensation Act and Alaska Administrative Codes Title 8 Labor, Part 3 Workers' Compensation. Chapter 45.

When should I file a Report of Injury?

You must file your report of injury within 30 calendar days from the date of your injury or within 30 days from the date upon which you are made aware via a medical report or conversation with your physician that you have sustained a work-related injury. If you do not file within the applicable time frame, your claim may be dismissed on the grounds that you failed to give a timely notice.

What is the most important thing for me to remember to do in my claim?

Continually have your physician update your release from work status at least every 45 days and have him/her state in the medical reports his/her opinion as to whether your ongoing condition, need for treatment, release from work status, need for retraining, etc. resulted from your work-related injury.

How can I be sure that the insurance company is paying me the right amount of compensation?

Obtain all the wage information you can from your employer/s over the last two to three years. Wage information such as tax returns, W-2 statements, paycheck stubs, etc. are the information you should obtain to substantiate your wages at the time of your injury and your wage history. Look at the compensation report that the insurance company should have sent you. If you do not have one, request the insurance company to send you one or go to the Board and ask for a blank one. You can go to or contact the Alaska Workers' Compensation Board and check the compensation rate tables to find out the compensation rate that would be due to you based upon your calculation of your gross weekly wages, your marriage status, and how many dependants you claim. Compile the wage information to support your position and provide that information to the insurance company along with a request that they adjust your compensation rate to what your calculation is.

When do I need an attorney?

This is difficult to answer, as some people would simply like to have attorney because they do not understand the rules and provisions of the Alaska Workers' Compensation Act. Most Alaska workers' compensation attorneys will not consider representing a claimant unless his or her benefits have been Controverted (denied) by the insurance company. If the insurance company files a controversion notice, this would certainly be an appropriate time to contact an attorney for representation. You may end up in a circumstance in your claim where the insurance company is not paying for benefit/s but has not controverted (denied) your claim. This would also be an appropriate time to contact an attorney for representation.

How much may an attorney charge to represent me?

Most Alaska workers' compensation attorneys make their claims for attorney fees and costs against the insurance carrier for them having controverted (denied) the claimant's benefits. Under the Alaska Workers' Compensation Act, any attorney fee in excess of $300.00 must be approved by the Alaska Workers' Compensation Board. However, this does not bar an attorney for asking a claimant for an advance of costs to pursue their claim. If the attorney is successful in obtaining denied benefits for the claimant via successful pursuit of their claim, settlement, or if the insurance company voluntarily pays the benefits they denied to the claimant, the insurance company should pay the attorney on top of the benefits paid to the claimant. Reimbursement of costs would then be asked from the insurance company and, if those costs were advanced by the claimant, they would be reimbursed to him or her.

Are there any benefits I have to pay for in my claim?

In a compensable claim, most likely not. The probability exists that if your claim is determined not to be compensable or if a medical bill is determined to be not related to your claim, you may have to pay the medical providers for the bill or your portion or percentage behind any payments made by a private health care provider.

Can I sue my employer for my work-related injury?

In the general sense, no. That is why they have workers' compensation insurance. However, if your employer does not have workers' compensation insurance coverage, it is possible you may have to sue them to recover your benefits. If they do not have workers' compensation insurance coverage, the same rules governing timely payment of benefits in your claim, etc. applies to them as would an insurance company. If someone outside of your employment was negligent in causing your injury, it is possible that you may have both a workers' compensation claim and a third party personal injury civil claim against the negligent party. In such cases, you should consult a personal injury attorney.

How long is the insurance company obligated to pay my benefits?

As long as your injury is compensable, the insurance company should (at the very least), pay benefits in your claim for as long as it takes to have your condition achieve "medical stability" and have your permanent partial impairment rating performed by a physician. They may have to pay even longer if you are a vocational rehabilitation (retraining) candidate. If you require vocational rehabilitation, the insurance company would have to continue payments of benefits after medical stability and determination of permanent partial impairment has been made either up to the point you are determined ineligible for vocational retraining benefits or until your successful completion of a vocational retraining plan approved by the Alaska Workers' Compensation Board.

What is a PPI? (permanent partial impairment)

Permanent partial impairment is a benefit that you may be entitled to if at the time of medical stability your physician determines that you have sustained a PPI as a result of your work-related injury. This is determined by rating your injury as to what percentage it impairs your entire body. The physician must rate the degree (percent) of whole person permanent partial impairment pursuant to the AMA Guidelines to the Evaluation of Permanent Partial Impairment, Fourth Edition. Each percentage point is worth $1,770.00. How your impairment would be paid is determined by whether or not you are or may be a vocational rehabilitation candidate. If you are not a vocational rehabilitation candidate for whatever reason, or if you simply do not wish to receive those benefits, your impairment would be due in a lump sum. If you are pursuing a vocational rehabilitation eligibility evaluation or if you are found eligible and in the process of developing or attending a plan, permanent partial impairment is paid to you biweekly at the same rate as your regular compensation.

What are vocational rehabilitation benefits?

If your injury permanently precludes you from returning to the type of work you were performing at the time of your injury and the employer is not willing to offer you employment at 75 percent of your wages at the time of your injury, you may be entitled to vocational rehabilitation (retraining) benefits. If eligible, any vocational rehabilitation plan you and your vocational counselor develop cannot last longer than two calendar years in length and cannot cost more than $13,300.00. The plan must (at the least) return you to a wage equal to 60 percent of your wages at the time of your injury. If you are out of work for 60 days or more due to your injury, you can request an evaluation. Call the Alaska Workers’ Compensation Division for more information. 

When can I expect a settlement in my claim?

Alaska workers' compensation benefits are, in essence, "awards" of benefits. Neither yourself nor the insurance company are obligated or required to settle the claim. Settlements are generally based upon benefits that you can prove you are entitled to. In some instances, you may wish or be asked to settle your claim on a possible entitlement to "future" benefits. However, to get any consideration for "future" benefits under a settlement, there should be some kind of showing that the insurance company has exposure to the "future" benefits. When settling a case, you may wish to consult an attorney.

What is a Controversion Notice?

A Controversion Notice is an official denial notice of benefits in your claim. It is something the insurance company/employer would be required by law to file in your claim if they are going to deny you all or some of your benefits. The Controversion Notice should list the basic claim information, state the benefits the insurance company/employer are denying, and provide the reason for their denial of those benefits. There are time frames involved in the timely filing of a Controversion Notice. There are penalties that may be assessed against the insurance company for denying you benefits and not "controverting" your claim at all or on a timely basis or for having frivolously controverted your claim. (Not having the evidence to support them in their possession at the time they controverted the claim).

If you still have questions or if you need any additional information, you can contact the Alaska Workers’ Compensation Board Divisional offices at one of the addresses or phone numbers listed below:

Alaska Workers’ Compensation Board Divisional Offices:

Anchorage:
3301 Eagle Street, Suite 304
P.O. Box 10-7019
Anchorage, Alaska 99510-7019
Phone: (907)-269-4980

Juneau:
1111 West 8th Street, Room 307
P.O. Box 25512
Juneau, Alaska 99802-5512
Phone: (907)-465-2790

Fairbanks:
675 Seventh Avenue, Station H-2
Fairbanks, Alaska 99701-4593
Phone: (907)-451-2889