In my experience with work injury compensation cases, one of the most immediate concerns for my clients after a work accident accident is when and how will they be paid. This may be true for you as well.
After a work accident, you may be entitled to money benefits. These are the benefits that insurance companies call “indemnity benefits.” If you are unable to work for more than seven (7) days, and a workers’ compensation doctor has you in an out of work status, you should receive money to partly replace what you were not able to earn after your accident. This is also true if your job cannot accommodate your work restrictions from your workers’ compensation doctor
Maximum Work Injury Compensation
There is a maximum to the weekly benefit you can receive. Your weekly benefit can never exceed the maximum compensation rate for the year in which your accident occurred. For work accidents occurring after January 1, 2016, the maximum weekly compensation rate is $863.00.
There are different categories of money benefits following a work accident. You may receive Temporary Total Disability benefits if your doctor says you cannot work at all. These money benefits equal about 66 2/3% of your regular average weekly wages at the time you were hurt.
Your benefit is paid to you beginning with the 8th day you lose time from work if a doctor has you in this work status. The first 7 days lost from work is only paid if you lose more than 21 days from work.
Catastrophic Work Injuries
If your injury is critical (catastrophic), you may receive 80% of your regular wages for up to 6 months after the accident. We can discuss you case with you to determine if you would qualify for Catastrophic Temporary Total Disability.
It is important to see an authorized doctor after a work injury. His diagnosis will help determine what you are eligible to receive in work injury compensation. The maximum benefits you can receive is up to 104 weeks of temporary total and/or temporary partial disability benefits.
Temporary Partial Disability
We can also help you determine if you are entitled to money benefits after you return to work following an injury. These benefits are called Temporary Partial Disability benefits.
If you can return to work, but you cannot earn the same wages you earned at the time you were hurt, and you are not yet at overall Maximum Medical Improvement, you may receive money equaling 80% of the difference between 80% of what you earned before your injury and what you are able to earn after your injury.
Here is an example:
- If your average weekly wage: $320 (Earnings before injury) x .80 = $256
- Your weekly earning after injury: -$150 $106 $106 x .80 = $84.80
- Weekly temporary partial disability benefit benefits owed = $84.80.
Once your doctor says you are at Maximum Medical Improvement; you are as good as he or she expects you to get from your work accident. At this point your doctor should evaluate you for two things:
- Possible permanent work restrictions and
- A permanent impairment rating.
If you receive a permanent impairment rating, you will receive money based on that rating. We can help make sure that the impairment rating is correct and that you receive the maximum work injury compensation. Our Workers’ Compensation Attorneys are ready to help, just give us a call.
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