Alaska Workers Compensation law is a body of statutes, regulations, and case law which guarantees certain specific benefits to injured workers. In a nutshell, a brief description of these benefits are:
Time Loss Benefits
TTD: You are entitled to temporary total disability (TTD) for any time period in excess of 3 days during which you are disabled from work because of your work injury. In order to trigger your employer’s duty to pay TTD, you must provide your employer (or adjuster) a copy of a doctor’s work release.
You are entitled to TTD until such time as your medically stable. The legal definition of “medical stability” is
…the date after which further objectively measurable improvement from the effects of the compensable injury is not reasonably expected to result from additional medical care or treatment, notwithstanding the possible need for additional medical care or the possibility of improvement or deterioration resulting from the passage of time; medical stability shall be presumed in the absence of objectively measurable improvement for a period of 45 days; this presumption may be rebutted by clear and convincing evidence.
AS 23.30.095(28).
In layman’s terms, “medically stable” means you have recovered as much as you probably will.
“Medically stable” does not mean you have been returned to your preinjury status. Many workers suffer a permanent disability or will need medical treatment for the rest of their lives, such as pain management.
“Medically stable” is not necessarily permanent. If a doctor decides you need to have a second surgery, although you were medically stable after the first surgery, you are not medically stable anymore. When the second surgery is recommended, you are entitled to claim TTD until you are medically stable again.
Note: The insurer is obliged to send you the first TTD check within 21 days of receiving the work release. The subsequent TTD checks are due every 14 days. If the insurer doesn’t mail them out on time, you may be entitled to a 25% penalty.
TPD: You may be entitled to compensation, temporary partial disability (TPD) if you can only work part-time because of your work injury. Again, you must provide your employer (or adjuster) a copy of the doctor’s work release.
PTD: You may be entitled to Permanent Total Disability (PTD) if because of your injuries you cannot perform services other than those that are so limited in quality, dependability, or quantity that a reasonably stable market for them does not exist. You do not have to be in a state of abject helplessness. JB Warrack v Roan, 418 P 2d 986 (Alaska 1966). PTD is a such a complicated area of law that a blogpost cannot adequately address it. If you believe you are PTD, you should contact an attorney.
You can estimate how much you would receive in TTD benefits by using the Alaska Worker Compensation Board’s Benefit Calculator: https://labor.alaska.gov/wc/benefitcalculator.htm
If the insurer is paying you an amount that is too low, you may ask for a compensation rate adjustment. The insurer is supposed to base your rate on the best of the two years of income prior to your injury, taking into consideration all jobs you worked. However, that amount is sometimes unfair such as when a worker’s income dramatically increased in the year s/he was injured due to a new job or a change in career. If the insurer’s calculation is wrong or unfair, you can file a claim with the Board seeking an increase in your compensation rate.
Medical Benefits
You are entitled to medical benefits, including payment of your doctors, physical therapists, prescriptions, diagnostics (X-rays, MRIs, etc), assistive devices (braces, scooters, or modified vehicles) and any other treatment your doctor prescribes for your work injuries, regardless of how long ago you were injured.
There is no limit to how long you are entitled to medical benefits. Every time you visit a doctor for treatment of your work injury, the statute of limitations starts again.
However, there is a time limit for asking for reimbursement for treatment. If you wait for more than two years, after having paid for your own work-related medical treatment, you may have waived your right to recover reimbursements.
Many injured workers receive pain management for the rest of their lives.
Travel Benefits
You are entitled to mileage for traveling round trip from your home for medical treatment. The mileage rate varies by year. You will find the correct mileage rate on the Alaska Workers Compensation Board’s Bulletins: https://labor.alaska.gov/wc/bulletins.htm.
For instance, Bulletin No. 25-01 sets in state mileage at .70 per mile for the calendar year of 2025.
In order to trigger your employer’s insurance company’s duty to pay mileage, you must provide to your employer (or adjuster) a mileage log. Here’s a template of the mileage log that I use for my clients: Travel Log
I also attach to the mileage log google maps showing the trip from home to the provider’s address to verify that I am requesting the correct amount.
Permanent Partial Impairments
When you have become medically stable, you may be entitled to a permanent partial impairment (PPI) rating for any permanent disability you may have sustained. Your treating physician can refer you to someone in your locality who performs PPI ratings. Often the insurance company will ask their doctor to perform the PPI rating from one of their hired guns in a so-called “independent medical evaluation.” Chances are, the rating you would receive from your doctor would be more favorable than the one that the insurance company bought.
The doctor who is making the rating will examine you and your medical records. S/he will then perform calculations pursuant to the American Medical Association Guides to Permanent Impairments. The ultimate percentage s/he assigns will be multiplied against a “whole person” factor established by the Alaska legislature.
If you were injured after January 1, 2023, the “whole person” is $273,000. So, if the rater finds that you are 10% whole person disabled, you are entitled to receive $27,300.
Prior to January 1, 2023, the “whole person” was $177,000.
Reemployment Benefits
If you have missed more than 25 days of work because of your injury, your employer is legally required to notify the Reemployment Benefits Administrator (RBA). At that time, the RBA will initiate the process for determining whether you are entitled to retraining benefits. If you haven’t received notification after being off work for 90 days, you can contact the RBA directly and ask for an eligibility evaluation. The RBA’s contact information is: https://labor.alaska.gov/wc/reemploy-benefits.htm
If you were previously denied retraining benefits because your doctors predicted that you could return to work, and their predictions were proven wrong, you may be entitled to a new investigation.
For more information, check out the Alaska Workers Compensation Board’s website: https://labor.alaska.gov/wc/wc-and-you.htm
There are many caveats and exceptions to the information supplied above. If you have questions about your workers compensation benefits, you should contact a lawyer.
Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 40 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. www.keenanpowell.com.
All consultations are free. To make an appointment, call 907 258 7663 or email keenan@keenanpowell.com.
