Common Questions in Workers’ Comp Cases – Part 1 – Disability

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Common Questions in Workers’ Comp Cases – Part 1 – Disability

What is temporary disability (TD)?

Temporary disability is a workers’ compensation benefit that offers short term financial help to injured workers.  If a worker is hospitalized or misses a minimum of three days of work, he or she may be eligible to collect TD benefits.  Benefit availability is dependent on whether or not an employer can offer the injured worker accommodations without reducing pay.

When will I receive temporary disability payments?

Usually, an employer or insurer will require medical verification of your disability.  TD benefit payments as soon as they receive written verification of the disability.  It may take longer to receive benefits if an insurance company disputes the validity of a TD claim.  A workers’ compensation attorney will work towards settling this dispute and ensuring the client receives benefits as soon as possible.

How much money does temporary disability benefits provide?

TD benefits pay 2/3 of the wages lost as the result of the injury.  In 2020, the maximum benefit amount is $1,299.43.

How long do temporary disability benefits last?

TD benefits will stop when your return to work willingly or your treating doctor releases you for work or declares you P&S.  Benefits can last up to a maximum of 104 weeks within a period of five years from your date of injury.

What is permanent disability (PD)?

Permanent disability is a program to compensate injured workers if their injury permanently impairs their ability to work.  When medical treatment no longer provides a benefit to an injured worker, doctors will declare the worker as “permanent and stationary” (P&S) and complete a report.  A qualified medical examiner (QME) will examine that report to determine a disability rating.  If the disability rating is higher than 0, the worker is considered permanently disabled and is eligible to receive PD benefits.

When will I receive permanent disability payments?

Permanent disability payments will only begin once temporary disability benefits have been exhausted.  Injured workers will only receive PD benefits being declared permanent disabled by a QME.

How much money does permanent disability benefits provide?

PD benefits are 2/3 of an injured worker’s average weekly earnings, but are $160 per week at minimum and $290 per week at maximum.

How long do permanent disability benefits last?

The length of benefits is determined by your disability rating.  The higher the disability rating, the longer that benefits are provided.  Disability ratings greater than 70 percent receive benefits for life.

Do I need an attorney?

Do you have unanswered questions after suffering a work injury?  Your employer and claims manager may not be willing to answer them, but we are here to help!  The Law Offices of Scott Warmuth provides legal assistance to injured workers.  If you or a loved one has been injured on the job, you may be entitled to certain benefits, including medical treatment and disability payments.  Speak with a workers’ compensation expert today by calling 888-517-9888!

Work Injury

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