Recovering Lost Wages / Worker's Comp
One of the primary concerns for people hurt on the job and unable to work is the loss of income. Recovering from a work-related injury can be extremely stressful. Electricity bills and mortgage payments don’t stop because of a workplace accident or injury.
Through the Indiana Worker's Compensation Act an injured worker, who is medically restricted from working, is entitled to receive lost wage replacement. There are different types of lost wage compensation. These include temporary total disability (TTD), temporary partial disability (TPD), and permanent total disability (PTD).
Temporary Disability Benefits
- TTD provides for 66.7% of a worker’s average weekly wage (AWW).
- Computation of this benefit amount takes into account regular pay, overtime, bonuses, and other benefits.
- Special consideration is given if a worker has a supplemental job and is unable to work at that position because of the injury.
- There is a 7-day waiting period before the first temporary total disability (TTD) check is owed.
- If a worker cannot work for 21 days, the employer must then pay the first 7 days of lost wages.
- A worker will continue to receive TTD payments until the worker's doctor determines that maximum medical improvement (MMI) has been reached, meaning the medical condition is healed or plateaued and not expected to improve, or until the employee returns to work.
- TTD payments may continue for up to 500 weeks.
- If a doctor deems a worker able to return to work part-time or to reduced-capacity work, while continuing recovery, and this results in a worker earning less than normal wages, there may be eligibility for temporary partial disability (TPD) benefits.
Permanent Disability Benefits
In the most serious of cases involving catastrophic injuries, a worker may never be able to return to gainful employment. Permanent total disability (PTD) benefits are designed to provide wage loss benefits to an employee in these lifetime, extreme situations.
Once an injured worker has reached MMI, as deemed by the employee's physician, the TTD or TPD payments will cease and PTD coverage will begin.
Determining the amount of compensation for permanent total disability benefits, and how it is payable (weekly or in a lump sum), is complicated. It is also important to structure a permanent total disability settlement in such a way as to maximize the worker's Social Security benefits.
Fighting For Injured Workers' Lost Wages
Seeking the support of a workers’ comp attorney, like Charles Carlock, is your best pathway to ensuring you receive the maximum allowed lost wage compensation. The law office of Charles Carlock focuses solely on working with injured workers. Let Charlie help you receive the maximum income replacement for your workplace accident. Call or email now.