Temporary Total Incapacity Benefits:
If you are unable to work for 6 or more full calendar days (they do not have to be consecutive) because of an injury or illness then you qualify for workers’ compensation. You will receive 60% of your gross average weekly wage of the 52 weeks prior to the date of the injury. The maximum amount you can receive each week is the state’s average weekly wage at the time in which your injury occurred. You are eligible to receive these benefits for up to 156 weeks. The compensation payments will begin on your 6th day of being unable to work. You will not be paid for the first 5 days of work you miss unless you cannot work for 21 calendar days or more.
Temporary Partial Incapacity Benefits:
If you are able to work but earn less income due to your injury or illness, then you may qualify for temporary partial incapacity benefits. Such injuries include any that force you to hold a job that offers a lower wage or even work fewer hours. Partially disabled workers receive 60% of the difference between their pre-injury weekly wage and their weekly wage after a work injury. If you do not experience a loss in pay, then you are not entitled to a weekly benefit. The most you are able to receive each week is 75% of your weekly temporary total disability rate (which is 60% of your gross average weekly wage).
- For example, if you received $600 a week as a total temporary benefit, the maximum you are able to obtain (if you collected partial benefits) would be $450 each week ($600 x .75 = $450).
You can potentially receive these benefits for up to 260 weeks.
Permanent and Total Incapacity Benefits:
You may qualify for such benefits if you are completely and permanently incapable of performing any type of work because of a work injury or illness you encountered. You are not required to discontinue your temporary benefits before requesting permanent benefits. The benefits include:
- 662/3% of your gross average weekly wage
- You may also receive an annual Cost-Of-Living-Adjustment (COLA) if your injury occurred at least 24 months prior to the review date.
You can qualify for medical benefits if you experience a work-related injury or illness where medical attention is necessary. In addition to medical treatment, you may also receive reimbursement for prescriptions and reimbursement for traveling to and from medical appointments.
- You are entitled to see the doctor of your choice after being seen by your employer’s health care provider
- Your employer has the right to send you to a doctor of their choice for your first doctor or hospital visit
- The insurer is allowed to send you to the doctor of their choice regularly for an evaluation
These benefits will last as long as medical assistance is needed because of the injury or illness you are suffering from. The insurance carrier can contest treatment at any given time if they believe it is no longer necessary. If this happens, you can appeal a denial of treatment with the DIA.
Scarring and Permanent Loss of Function or Disconfigurement
You can qualify for scarring and/or permanent loss of function if you suffer from a work-related injury or illness that results in you losing permanent loss of any physical functions. To receive a scarring benefit, the scar must be located on either your face, neck, or hands. This is a benefit that you can only receive once. Of course, the amount that you receive depends on the severity of your injuries.
It costs you absolutely nothing to speak to a lawyer for a consultation on your case. Keches Law Group lawyers are standing by seven days a week, at all hours of the day, ready to provide free consultations, to inform you of your rights, and to discuss how our attorneys can help you. A Keches Law Group attorney can help you rest assured that you will have knowledgeable assistance should a problem ever arise. Contact us today for your free consultation.