Will I Get Paid For Time Off Work?
When you are unable to work due to an injury you have suffered while on the job, you will likely have many questions concerning your eligibility for workers’ compensation benefits. I understand what you are going through. I am attorney David Garner, and I have helped hundreds of injured workers recover the financial benefits they need. You can rely on my experience and my commitment to help you get compensation for lost wages.
When Am I Eligible To Recover Compensation For Lost Wages?
When you have suffered a work injury, you must be out of work for at least seven calendar days before you are eligible for loss of income compensation. If your disability lasts for 21 consecutive days, you will also receive compensation for the first seven days that you were unable to work. During this waiting period, you are entitled to medical benefits. You may be eligible for additional compensation depending on the nature and severity of your disability.
Temporary Total Disability Benefits
Temporary total disability refers to people who are unable to work due to their injuries, but they are expected to make enough of a recovery that they will be able to return to work at some point.
The amount of compensation that a person who has been classified as having a temporary total disability is expected to receive is based on two-thirds of his or her average weekly wage (AWW). The AWW is based on the gross wages earned over the course of the 13 weeks before the injury happened. The maximum amount a worker is entitled to is $550/week for injuries that occurred on or after July 1, 2015. Workers injured before this date are entitled to the same benefits, but at a lower maximum compensation rate.
Temporary Partial Disability Benefits
A worker classified as having a temporary partial disability is expected to recover enough to be able to return to work with restrictions.
The amount of compensation is calculated by taking two-thirds of the difference between the worker’s AWW when injured and the AWW at their new job. The maximum amount a worker is entitled to is $367/week for injuries that occurred on or after July 1, 2015. Those who were injured before this date are eligible for compensation at a lower maximum compensation rate.
Permanent Partial Disability Benefits
Permanent partial disability occurs when a catastrophic injury causes a person to permanently lose the use or function of a body part. Such an injury often restricts the person to certain types of work, which may mean lower wages than he or she was earning prior to the injury.
For these catastrophic injury claims, you may be entitled to additional benefits, such as vocational rehabilitation to help train you for a different type of job. If your claim does not involve a catastrophic injury, the amount of compensation you are eligible for will be based on a rating that is issued by your treating doctor. If this rating does not cover the compensation you feel you deserve, I can help you explore your options for moving forward.