Does Your Workplace Injury Prevent You From Going to Work?

Posted by | May 15, 2015 | Workers' Compensation | No Comments
Does-Your-Workplace-Injury-Prevent-You-From-Going-to-Work

If you were injured in the workplace or while completing work-specific tasks, you may be eligible for workers’ compensation. Workers’ compensation provides for your medical bills, and if you are unable to work because of the injury, it will also provide for a portion of your lost wages. This is called Temporary Total Disability, and it’s important that you understand how this program works if you suffer a serious injury.

How Do You Qualify for Temporary Total Disability?

There are three conditions that you must meet in order to qualify for Temporary Total Disability.

1. You must have filed workers’ compensation claim within 90 days of the injury, and the claim must have been approved.
As long as it was a true work-related injury, your application should be approved. However, you must make sure that you report the injury and file the claim within 90 days of your accident, or it won’t be approved. Your claim can also be denied if you were intoxicated and using controlled substances at the time of the injury.
2. You are not physically able or medically cleared for work, and the authorized medical provider provided in writing that you are not able to work for five consecutive days after your injury or for five total days in a 20 day period.
This condition is easy to understand. If your physician does not indicate you can’t work, then you won’t be eligible for Total Temporary Disability.
3. The employer did not offer you light-duty work.

If you are not physical able to perform your job, your employer has the option of adjusting your responsibilities to something that you can perform despite your injury. If they don’t offer a light-duty job, then you can apply for TTD.

How Much Money Can I Receive for Temporary Total Disability?

You will not receive your full wages, but you will receive 2/3 of your average monthly wage. This is computed by comparing your wage statements over the last 12 weeks. If for some reason, the last 12 weeks will not accurately represent your typical wages, you can ask that a different wage period is used instead.

What about tips or other jobs?

Sometimes the average monthly wage is calculated incorrectly, and you will have to file an appeal for a re-calculation. You should always make sure that you are submitting all of the appropriate documents, so that your wage will be calculated correctly. As long as you declare tips for income taxes, then you can also declare them for workers’ compensation. If you have more than one job and you are unable to work at both jobs, then you can submit your other wage statements, so that you get compensation for both lost wages.

Get Help with Your Workers’ Compensation Claim

If you were recently injured at work, you should consult with a workers’ compensation attorney who can make sure that you are getting adequate support from the insurer. Our attorneys can help make sure that your Temporary Total Disability benefits are fair and adequate.

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