When you are temporarily disabled due to a work injury, workers compensation benefits will pay for the time you are unable to work or when your work cannot accommodate your restrictions.
There are two categories of temporary benefits available under workers compensation, they are:
Healing Period Benefits/Temporary Total Disability
Workers who are unable to work temporarily are paid temporary total disability benefits after three days of missed work. If you are off work for more than fourteen days, the initial three days you missed work are paid as well. If you suffer a possibly permanent injury, you should receive healing period benefits from day one.
The amount of your weekly benefit will depend in part on your marital status and if you have dependent children. In general, you should receive 80% of your spendable weekly earnings when you are temporarily off work.
These benefits will end when you return to work, are able to return to similar work, or the doctor has said that you are at maximum medical improvement from your injury.
Temporary Partial Disability
You are eligible for temporary partial disability when you can work, but you now have certain challenges as a result of your injury. It could be that you changed jobs, or you’re now unable to work as many hours and earn less than you used to. Temporary partial disability benefits pay two-thirds of the difference between what you earned before the injury and what you are currently earning.
You will receive these benefits until you return to work, are able to return to similar work, or the doctor has said that you are at maximum medical improvement from your injury.
Insurance companies are required to pay these benefits to people that are off work for work related injuries. If your employer refuses to pay these benefits call Platt Law Firm, PC for help.
Steps to Claim Workers Comp Benefits
To have the best chance of winning workers comp cases, we recommend you take the following steps:
- Get medical treatment: if your injury is an emergency, seek professional medical help from any hospital. For non-emergencies, you should notify your employer and request that they send you to a doctor. In non-emergency situations if you go to a doctor without letting your employer know, the appointment may not be covered by workers compensation insurance.
- Get copies of your medical records: make sure to get copies of all your medical records in case your claim is denied.
- Inform your employer: Inform your employer about your injury in writing. It is best if you do this as soon as possible, and you have only 90 days to do this according to the law.
- Follow up: ensure your employer fills and sends out the WC-1 first report of Injury or Occupational Disease form to their insurer.
- Keep a written record of how the injury is affecting your life. If your claim is denied, speak to your lawyer about filing an appeal.
- Try to communicate with your employer and the work comp insurer in writing as much as possible. Keep your emails or a copy of letters that you send to the employer or the insurance company regarding your injury. Mark down when you make phone calls or receive phone calls from your employer or insurer regarding your injury and what was said.
Missing work due to a work injury can be very stressful physically, emotionally, and financially. Some insurance companies do not pay temporary benefits in a timely manner, leaving you to deal with your bills without a paycheck.
If this happens to you and you cannot resolve the situation, call Platt Law Firm, PC for help. We are experts in workers compensation law and will work to get your benefits started so you can focus on your recovery.