Workers' compensation disability is a set of benefits paid to employees who are injured on the job and can no longer work. There are four types of workers' compensation disability: temporary total disability, temporary partial disability, permanent partial disability, and permanent total disability.
Temporary total disability
Temporary total workers' compensation disability is insurance paid to an employee who is injured on the job and cannot perform work, but will be able to perform work at some point in the future. Temporary workers' compensation disability benefits are paid to the employee during the period in which he or she is unable to work. Laws vary from state to state, but employees are typically entitled to approximately two-thirds of weekly wages for the time they are temporarily and totally disabled. Medical evidence must show that the employee is unable to perform any gainful work activity during this period.
If the employee recovers at least partially and is able to return to work in some capacity, the employee is no longer entitled to temporary total workers' compensation. If the employee returns to work but is limited in either the kind or amount of work he or she is able to perform, that employee may be entitled to temporary partial disability.
If it is medically determined that the employee is unable to return to work and further medical care will not improve his or her condition, then the employee may be entitled to permanent total disability.
Temporary partial disability
If an employee is injured on the job and is medically able to perform some work, but not necessarily the job he or she did before the injury, the employee may be entitled to temporary partial workers' compensation disability. Temporary partial disability is payable if a doctor clears an employee for work full time, but restricts the type or amount of work the employee can do. Temporary partial disability cannot extend for more than 240 weeks within a period of five years from the date of the injury.
Permanent partial disability
Permanent disability is defined as how an injury sustained on the job affects an employee's value on the open job market. If an employee does not recover completely from an on-the-job injury and it affects his or her value as an employee on the open job market, then the employee is entitled to permanent disability benefits. Employees may be entitled to these benefits even if they are able to return to their previous job. Any employee with a permanent disability who is able to work in some capacity is considered to have a permanent partial disability.
Permanent total disability
If it is medically determined that an employee is unable to join the workforce in any capacity due to an injury suffered on the job, then the employee may be entitled to permanent total disability benefits. These benefits are calculated at the same rate as temporary total disability benefits but are payable until the employee's death. There is no cap on permanent total disability benefits.
If you think you are entitled to workers' compensation disability
Many parties are involved in a workers' compensation disability claim, and therefore it may be a lengthy and complicated process to receive benefits to which you may be entitled. It is important to communicate clearly with all parties involved. In a typical workers' compensation disability claim, the parties involved include the employee and employer, the employer's insurance company, any doctors who determine the degree of disability, and the attorneys for any parties involved.
While it is possible to handle your own case, it is important to take the right steps to make sure your rights are protected. Most attorneys offer a free consultation, where you can discuss with them your understanding of what you have to do and how to do it. Then you can make the choice to handle your own case or hire an attorney.
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