Understanding how the workers compensation benefits program works is important, particularly if you were recently injured while on the job. Weekly benefit checks in response to a workers compensation claim are usually only paid to those who were hurt badly enough that they cannot return to work whether it’s temporarily or permanently. However, sometimes mistakes are made by decision makers when denying an employee’s claim, and it requires the help of a workers compensation lawyer to reverse the initial decision. Mistakes may also be made in terms of the type and amount of benefits that are awarded to the injured worker. Law firms help injured workers get the full amount of compensation benefits they deserve. Call today to learn more from a workers compensation lawyer.
What types and amounts of workers compensation benefits am I entitled to receive?
Though workers compensation laws vary somewhat from state to state, the determination of what benefits an injured employee is entitled to receive is based upon the severity of their injury. Specifically:
Temporary total disability. Very likely the employee is eligible to receive a percentage of their regular wages beginning on the date they sustained their workplace injury. The percentage of compensation they receive will vary by state, but it’s commonly 66 2/3%. The payments are usually paid every two weeks, but it may be possible to receive weekly or monthly payments depending on state workers compensation laws. If you are receiving far less than this amount, consult a workers compensation lawyer.
Permanent total disability. When the employee’s workplace injury is permanent, making it impossible for them to return to their job, they may receive a pension for the remainder of their life. The pension payments will be a percentage of what they earned before the accident, and they may be made weekly, every two weeks, or monthly.
Loss of earning power benefits. This is not available to workers in all states. When eligible to receive them, it is for those who are able to return to work but in a different capacity from their regular job until they recover from their injury. Very often, this temporary position is a lower paying job or else is only a part-time position as opposed to their normal full-time position. Loss of earning power benefits is compensation paid by the employer to the employee to help make up the difference in their pay, but is usually only a percentage of the difference. Your workers compensation lawyer can tell you if you are eligible to receive this type of benefit.
Medical bills. The medical bills associated with the workplace injury should be covered by workers compensation. The employee’s doctors will invoice the employer or the employer’s workers compensation insurance carrier. Regardless of how much the medical treatment will cost, it should have no impact on the type or amount of other benefits paid to the injury employee.