If a work related injury of condition prevents you from working, you may be entitled to wage replacement benefits. Generally, these are the things that should be considered:
Has A Doctor Taken You Off Of Work?
If a doctor believes you cannot work because of an injury or condition, it is important to have the doctor put it in writing, and explain why you cannot work. This will be the foundation of your claim for certain wage replacement benefits.
Sometimes, a doctor may state you can work, but restricts your activities. If your employer cannot accommodate the work restrictions, you may be entitled to full wage replacement benefits.
After your treatment is completed, a doctor should completely document your permanent limitations, if any, so you you can be compensated for the loss of your earnings power.
What Benefits Am I Entitled To While I Am Healing?
Temporary Total Disability (TTD) benefits may be owed to you if a doctor finds you cannot work, and is actively treating you. Weekly TTD benefits are generally ⅔’s of your wages at the time of your injury, subject to certain “caps” on the amount and duration of payments.
If you have two or more jobs at the time of your injury, your weekly benefits may increase.
Am I Entitled To Wage Replacement Benefits After I Am Released From Care?
Permanent Disability (PD benefits) may be owed if you do not make a complete recovery from your injury or condition. Even if you return to the same job, you still may be entitled to
PD payments due to changes to your activities of daily living.
Although PD is subject to certain “caps”, it is important to keep in mind that you are unique, and the extent of your recovery is as unique as you are. Some fully recover, others are forced to endure the permanent effects of an injury.
Regardless of what the insurance adjuster tells you, the law provides flexibility in the PD benefits you may be entitled to if you have proof that the “charts” they use are not an accurate reflection of YOUR permanent disability.
While the methods to obtain evidence that truly reflects YOUR permanent injury are complex, the law is well established that you have the right to a fair and accurate award.
How Often Do I Get Paid?
Weekly payments are made every 14 days until the amount you are owed it paid.
We provide a free consultation. If you have questions about the TTD and PD benefits you may be uniquely entitled to, give us a call – 714-547-5025.