It is stressful to be injured on the job. Workers often do not know what to do when they are unable to go to work because they were harmed at work or because of their job duties. Sometimes, they do not tell their employer they are in pain because they do not want to lose their job. However, employees are legally entitled to workers’ compensation that covers all injuries, illnesses, and medical conditions that result from their job. Even if someone is partially disabled and still able to work, the law protects their right to file for benefits.
If you are unsure of where to start when you are dealing with a temporary disability due to your job, it is best to start with talking to a workers’ compensation attorney about your options and the benefits you may be able to receive. Benefits can provide for medical treatment, prescriptions, equipment, medical bills, and a portion of an employee’s average weekly wages. If you were injured on the job, reach out to an attorney for help with Tulare County temporary disability workers’ compensation claim.
There are two types of temporary disability benefits: temporary total disability (TTD) and temporary partial disability (TPD). Both compensate for lost wages while someone is healing from an injury or illness. A person receives TTD payments if they are unable to work at all during their recovery. That means that they cannot do partial work and are considered completely disabled. For example, if a worker whose job requires the use of his hands falls off a ladder and breaks his arm, and no alternative duties are available to him, he would be considered totally disabled. However, he would eventually be able to come back to work when he is completely healed.
A person can receive TPD payments even if they can return to work, but only for limited hours or duties at a lesser wage. TPD benefits compensate for a percentage of the difference between the new lower wages and the wages prior to the injury. Someone can also be eligible if their doctor limits the kind of work they can do and the employer does not provide full-time work that accommodates the person’s restrictions. A Tulare County attorney with experience filing workers’ comp claims could explain the details of the different types of temporary disability benefits and which a person is eligible for.
Temporary total disability benefits cover two-thirds of the worker’s average weekly pre-tax wage before the injury, subject to statutory limits. In addition, they will be paid until they return to work or reach maximum medical improvement (MMI). MMI refers to the point where further medical treatment cannot improve the worker’s condition.
TD payments end at 104 weeks, but some exceptions can allow a worker to receive payments for longer.
If an insurance company denies the claim, the employee may not be able to collect benefits. Insurance companies are devoted to protecting their resources even when the worker’s claim is a legitimate one. A lawyer can assist with appealing the company’s decision.
It is wise to seek the assistance of a skilled Tulare County workers’ compensation attorney to maximize a temporary disability claim and be aware of any limitations on potential benefits.
The process of filing a Tulare County temporary disability workers’ compensation claim can be complicated. It is not uncommon for employees who do not hire a lawyer to fail to secure all the benefits they deserve. Employers and insurance companies have skilled legal professionals on their teams who are ready to protect every resource they have. You should have someone by your side who is devoted to protecting your legal rights. Reach out to our firm today to get started.