One of the first considerations of a worker who has been injured at work, is the type of benefits that person will receive. While workers’ compensation coverage differs between states, generally employees are eligible to the following types of benefits:
• Weekly financial compensation to cover for missed wages
• Vocational rehabilitation
• Permanent/temporary benefits for impairment
• Cover of medical treatment
Workers’ benefits provides compensation only for concrete physical or psychological injuries that are directly connected with the job. There are no additional insurance cover for the pain and suffering. Workers’ compensation are income protection and job protection laws where an employee gets benefits because they’re not able to work due to a work related injury. In a personal injury case, which is different from workers’ compensation, an injured party can sue for pain and suffering.
Weekly Financial Compensation and Disability Type
Employees who have been injured on the job and are unable to work generally receive weekly payouts in order to offset lost wages. The duration of the benefits and when they go into effect vary and may depend on the level of sustained injury. Usually disability is classified in two different ways: temporary disability and permanent disability. Depending on the state, an injured person may have one of four different types of disability benefits: temporary total/partial disability, permanent total disability, and permanent partial disability.These terms can appear to be confusing on the surface. To make the terms clear think of a temporary disability as one in which the victim is still seeking recovery and is getting better. A permanent disability means that the victim will not expected to improve.
When the injury results in a total disability, this means that the employee cannot work at the job that they were doing. Partial disability means that the employee may not be able to return to the full tasks done before the surgery but may be able to perform sedentary or light duty work.
The length of time an injured person can receive benefits for a temporary disability range from three to seven years, depending on the state. Usually there’s no length of time for permanent disability benefits although some states stop the benefits when an employee reaches 65 years of age.
The amount of payment of weekly workers’ compensation benefits varies from state to state but is usually 60 percent of the worker’s pre-injury average weekly wage. Most states cap off a maximum weekly benefit to roughly $1,000 a week. Benefits for partial disability are calculated differently since it’s assumed that the injured worker will be able to complete some work either part time or light duty.If an employee is permanently injured or disabled, then the formula for compensation is different again.
Medical Bills and Vocational Rehabilitation
Reasonable and necessary medical treatments are covered by workers’ compensation. Sometimes this can result in a dispute between workers’ benefits and the injured employee if the insurer believes that treatment is either not generally accepted in the medical community or that the treatments are dragging on too long. Consulting with an injury lawyer in Calgary can help.
Vocational rehabilitation is job retraining. Most states will require that workers’ compensation benefits pay for retraining in a new line of work if the injured person is still employable but is unable to return to their previous line of work.