Anyone who has suffered a workplace injury knows just how devastating these
events can be. Not only do you have to recover from your injuries, you
also must decide how to support yourself financially while you are out
of work. Fortunately, injured workers are able to apply for workers’
comp benefits after a workplace injury.
Before you apply for workers’ comp, however, it’s a good idea
to learn how much your payments might be. Find out the amount you may
receive in workers’ comp benefits and learn the ways that an attorney
can help when your claim has been denied.
Disabilities Eligible for Workers’ Comp Benefits
Before you will be eligible to receive workers’ comp, you have to
be disabled. Worker’s comp is separated into four different disability
First, there is temporary total disability, which means your disability
will heal but you won’t be able to work until it does. Second, temporary
partial disability indicates you can work some while you recover. Third,
permanent partial disability indicates your disability will never get
better but you can still work to a degree. Finally, permanent total disability
is for employees whose condition will never get better and will never
be able to work again.
Any employee that falls into one of these categories can receive benefits.
Learn How Your Ability Affects Your Payments
Finding out how much you can receive in weekly payments is reliant on your
ability to work. Those seeking workers’ comp benefits who are unable
to work will receive a higher payment amount than those who retain some
of their workability.
Total disability payments will equal two-thirds of your average weekly
wage (AWW) prior to being hurt. Your AWW comprises your earnings, which
includes overtime payments. By dividing your AWW by a number of weeks
before your injury, your weekly payments will be determined. The number
of weeks can be as many as 52. California imposes a maximum of $1,103.29 per week.
If you suffer from a partial disability, your payments will be calculated
based on how much you are currently able to earn. For example, if your
post-injury earning capacity is $750, your weekly payments will be two-thirds
of this amount, $500.
Your payments will continue for as long as you are disabled or until you turn 65.
Compensation for Serious, Permanent Disabilities
It is also possible for you to receive payments for a permanent impairment.
Most states have set amounts they will pay out for a permanent disability,
such as $100,000 for the total loss of use of your arm. If you have lost
75% use of your arm as outlined by the American Medical Association, then
your impairment could be worth $75,000.
In California, for injuries suffered after the first day of 2014, you are
entitled to $290 per week in partial permanent disability. If your disability
is total and permanent, you can receive this benefit for life.
Additional Funding You Can Access
It is also possible for you to receive payments from workers’ comp
for medical expenses if your insurance company has denied your claim.
Unfortunately, this can happen if your insurer believes your condition
is taking too long to heal or you are not undergoing acceptable treatments.
For partially disabled workers who still have the ability to work, workers’
comp may also bay for vocational rehabilitation. If you receive vocational
rehab payments, you will be able to receive training for a new position.
Apply for Workers’ Comp Benefits with Legal Help
Applying for workers’ comp can be difficult, and if you want to make
sure you receive the workers’ comp benefits you deserve, then you
need to work with the
Dunnion Law Firm.
Our lawyers are very familiar with the workers’ comp system and can
help make sure your claim is successful.
Contact us today.