If you have been injured on the job, a workers compensation attorney can assist you with filing for benefits. Under many states’ law, most companies are required to carry workers’ compensation liability insurance and although the process for filing and receiving benefits should go smoothly, that quite often is not the case.
A skilled lawyer knows that in many situations, either the employer or the insurance company will try to minimize the amount of benefit an injured employee will receive or even try to deny the claim entirely.
In the event you need legal advice, do not hesitate and contact a professional lawyer, like a workers compensation lawyer Memphis TN trusts, to ensure that you are receiving all of the benefits you need.
Different Types of Benefits
Under Workers’ compensation law, there are several types of benefits the employee or their families are entitled to receive if the worker is hurt or killed because of job-related injury or illness. Your work injury attorney can go over the details of your case and determine what benefit you may qualify.
Medical Benefits: All medical treatment for the injury or illness is covered by workers’ compensation insurance. The only caveat to this rule is that the attending physicians must all be on the insurance company’s approved list of doctors. In most cases, if the worker decides to go to a doctor that is not on the approved list, the medical expenses are their responsibility. The only exception to this rule is for the medical expenses of any emergency care the worker received immediately following the accident.
Temporary Total Disability Benefits or (TTD): This is the benefit a worker will receive weekly when their injury prevents them from working at all. Typically, the maximum amount of the TTD is a portion of the worker’s average weekly wage. There is a maximum amount of TTD a worker can receive and that amount is set by the state. For workers whose wages vary each week, the amount will be determined using a formula, typically based on how much the worker earned in the four months prior to the accident. If the worker’s injuries are not classified as catastrophic, there is a cap on how many weeks they can receive the benefit. Catastrophic injuries typically have no cap.
Temporary Partial Disability Benefits (TPD): If an injured worker returns to work on limited duty, partial duty, or to a job that pays less than the original job, they are entitled to receive TPD. The benefit is usually a portion of the difference between the worker’s average weekly wage prior to the injury and following the injury. There is also a cap set on that amount, as well as how long a worker can receive TPD.
Permanent Partial Disability (PPD): PPD benefits are paid to a worker whose injuries or illness has resulted in a permanent disability. The attending physician will use guidelines established by the American Medical Association to determine what the percentage of disability is. That percentage is then multiplied by the temporary total disability weekly rate you were receiving.
Death Benefits: Tragically, not all workers survive their job-related injury or illness. When this happens, the spouse and minor children of the worker are entitled to receive a death benefit. The benefit is based on the worker’s average weekly wage, and also includes funeral expenses. Your attorney can go over what the death benefit is for your family and how many years you may receive it. In most states, when there are minor children, the death benefit is paid each week until the child reaches 18. Should the child attend college, the benefit is extended until they reach 21.
Thank you to Darrell Castle and Associates, PLLC for providing insight workers’ compensation.
The legal firm of Rispoli & Borneo, P.C. has successfully represented many work injury cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.