In the event of a workplace injury, you’re entitled to workers’ compensation benefits, providing financial support during your recovery through your employer. If your injuries are severe that prevents you from returning to your job for sometime, you can receive some percentage of your pay as compensation. Despite the initial offer from the insurance company, it’s essential to be aware that exploring alternative options may be within your rights.
Type of Pay You Can Expect After an Injury at Work
Following a workplace injury, you’re eligible for various benefits, including
- Weekly compensation
- Permanent impairment benefits
- Medical benefits
- Rehabilitation support
The specific benefits you receive are determined by the nature of your injuries and their impact on your work capacity. (Learn more about injuries that qualify for worker’s comp claim)
Weekly workers’ compensation benefits
Weekly workers’ compensation benefits provide financial support to employees who cannot work due to a job-related injury or illness. These benefits typically amount to a percentage of the injured worker’s pre-injury wages and are designed to help cover living expenses during recovery.
The specific amount varies based on factors such as the severity of the injury and state regulations governing workers’ compensation. Workers’ compensation benefits in Georgia are calculated at two-thirds (66%) of your average weekly wage (AWW), with a weekly cap set at $575 (Georgia Code §34-9-261). It may vary in other states.
The AWW is determined by averaging your earnings over a specific period before the work-related injury. While these benefits don’t replace your full pay, they provide financial support by covering two-thirds of your regular wage during your absence from work due to injuries. (Get detailed information on surgery can increase your worker’s comp settlement?)
Partial Disability Payments
Partial disability payments are a type of workers’ compensation benefit provided to individuals who can work but have experienced a reduction in their earning capacity due to a work-related injury or illness.
These benefits aim to compensate for the income loss caused by the partial disability. The specific amount and duration of partial disability payments vary based on the severity of the impairment and its impact on the individual’s ability to work.
How Long You Can Get Paid For After a Work Injury?
Weekly workers’ compensation benefits are not a one-size-fits-all scenario. The amount and duration of these benefits depend on the nature of your disability:
- Temporary Total Disability (TTD): If your injuries are expected to improve, and you cannot work during your recovery, you may receive TTD benefits until you can return to work.
- Temporary Partial Disability (TPD): If you can perform some types of work but not your usual job, TPD benefits may compensate for the wage loss until you fully recover.
- Permanent Total Disability (PTD): If your injuries result in a permanent inability to work at any job, you may receive PTD benefits.
- Permanent Partial Disability (PPD): For permanent impairments that allow you to work in some capacity, PPD benefits are calculated based on the severity of the disability.
These benefits are crucial for financial support during your recovery or in cases where returning to your previous job is no longer possible. The classification of your disability plays a key role in determining the type and duration of benefits you’ll receive.
Permanent Impairment Resulting From a Workplace Injury
Permanent impairment resulting from a workplace injury is a significant worker compensation consideration. When your injuries lead to lasting impairments that affect your ability to work, you may be entitled to permanent impairment benefits. These benefits aim to provide compensation for the long-term consequences of your injuries.
The assessment of permanent impairment is typically based on medical evaluations and guidelines that determine the extent of your disability. The severity of your impairments, as determined by medical professionals, influences the benefits you receive. It’s an acknowledgment of your work-related injuries’ enduring impact on your overall well-being.
Understanding and claiming permanent impairment benefits is critical to navigating the workers’ compensation laws, ensuring that you receive appropriate compensation for the lasting effects of your workplace injuries.
Your Legal Rights If You Were Injured at Work
Your legal rights after a workplace injury are paramount.
- You have the right to file a workers’ compensation claim without fear of retaliation, ensuring you can access necessary medical treatment and compensation for lost wages.
- If your injury prevents you from returning to work, you also have the right to disability compensation.
- The option to appeal decisions by your employer or their insurance company, with the representation of an attorney, safeguards your entitlements throughout the process.
Remember, your rights are a crucial foundation for a fair and just resolution after a workplace injury.
Damages You Could Be Compensated For If You Were Injured At Work
When you’re injured at work, the damages you could be compensated for encompass various aspects, ensuring a comprehensive recovery. These damages may include:
- Medical Expenses: Compensation for all reasonable and necessary medical treatment related to your work injury.
- Lost Wages: Reimbursement for income lost due to time away from work during your recovery.
- Permanent Disability Benefits: You may receive ongoing compensation if your injury results in a permanent impairment.
- Vocational Rehabilitation: Assistance in retraining or finding new employment if you can no longer perform your previous job.
- Pain and Suffering: Additional compensation for the physical and emotional distress caused by the injury.
- Death Benefits: In case of a fatal workplace accident, surviving family members may receive compensation.
Understanding the full scope of compensable damages ensures you’re adequately supported in your recovery and transition back to work.
Need Legal Help? Contact An Attorney
A workers’ comp lawyer can guide you throughout the worker’s comp claims process. They ensure your rights are protected, help gather necessary evidence, negotiate with the insurance company, and represent you in legal proceedings if needed.