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Do You Still Receive Pay if You Get Hurt at Work?

Injured at work? Here’s how you can still put food on the table even if you can no longer work.

By Sink LawPublished 3 years ago 4 min read
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With millions of Americans just one paycheck away from poverty, getting severely injured at work and not being able to work for weeks or even months may spell financial ruin for many of us. But is there a safety net in place for injured workers who are unable or partially able to work? Yes, there is, and it is called workers’ compensation insurance.

What is Workers’ Compensation?

Workers’ compensation, or workman’s compensation, is business insurance designed to shield both businesses and workers from financial ruin when a work-related injury or illness occurs. Under workers’ comp rules, disabled workers will still receive pay even if they are unable to work after a workplace accident while companies cannot be sued into oblivion because of the said accident.

Workers’ comp rules vary from one state to the other, but the insurance usually covers:

· Emergency care

· Doctor’s appointments

· Hospitalization

· Transportation costs

· Out-of-pocket treatments

· Rehabilitation and surgery

· Mobility aids

· Death benefits (awarded to surviving family members.)

Workers’ comp does not cover the pain and suffering of the injured worker or various types of alternative treatments. Also, it is worth noting that once you accept workers’ comp benefits, you waive your right to sue your employer for compensation, unless your employer’s egregious conduct or gross negligence caused the workplace accident.

Do I Still Receive Pay If I Was Injured at Work?

If your employer carries workers’ comp insurance, you will be paid even if you can no longer work due to your injuries. But the amount and type of workers’ comp benefits you are entitled to depend on:

· Type and severity of the injury

· Your current medical condition

· Wage level just before the injury.

Under workers’ comp, you’ll receive pay if you:

· Need time off from work to recover from your injuries but will still be able to work when you return (the so-called Temporary Total Disability benefits)

· Can still work while you recover but only light work (Temporary Partial Disability benefits)

· Were left permanently disabled but are still able to work (Permanent Partial Disability benefits)

· Were left permanently disabled but lost your ability to work (Permanent Total Disability benefits).

1. Temporary Total Disability (TTD) Benefits

The employer owes the injured employee TTD benefits if the employee is temporarily no longer able to work or is able to perform only light-duty work but this type of work is not available at his or her workplace. Benefits will be paid until the worker can resume work or has finished the recovery.

Only if the injured worker misses work 14 days or more, TTD benefits will be awarded for the first three lost workdays as well. The employer must pay the benefits within two weeks of the injured employee’s notification of the work-related injury.

In most states, TTD benefits are equal to the injured employee’s 2/3 of average weekly wage, but there is a maximum and minimum which vary by state. TTD will be paid up to 12 years or until the worker is able to resume work.

2. Temporary Partial Disability (TPD) Benefits

TPD will only be paid to cover the difference between the amount of work the employee was able to pull off before the injury and the amount of work the injured employee is currently able to do. For instance, if the employee used to work 48 hours per week, but he or she is now able to work just 24 hours per week (as per his or her doctor’s indications), TPD will cover just two-thirds of the difference between the pay before the injury and the current pay.

Minimums and maximums apply here as well, and the first three days after the incident are covered only if the worker needs more than 14 days to fully recover.

3. Permanent Disability Benefits

There are two types of permanent disability benefits:

· Permanent partial disability (PPD): The amount of compensation depends on the rating assigned to the injured worker’s permanent disability by his or her treating doctor. That percentage is multiplied by the maximum number of weeks (312) disability benefits can be paid for 100% disability.

· Permanent total disability (PTD): PTD is awarded to permanently disabled workers who can no longer perform any type of work. Usually, over the first 312 weeks, PTD is equal to two-thirds of the worker’s average weekly wage but no more than 85% of the average weekly wage. Afterward, the injured worker can receive only 35% of the average weekly wage until the day they die.

If you were left with a permanent disability, employers and their insurance carriers will fight tooth and nail your injury claim. Some insurers can sink as low as to devalue your claim or even reject it altogether. That is why it is best to have a skilled workers’ comp attorney on your side, like one of the battle-tested professionals at Sink Law, when you have a high-value case. Otherwise, Social Security Disability Insurance benefits may be in order.

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About the Creator

Sink Law

I am a lawyer and I want to help people understand more about the legal world with my articles.

I have over 40 years experience and me and my team will always fight for people's rights.

Visit https://www.sinklaw.com/ for more information.

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