If you have suffered an injury at work, you may be entitled to workers’ compensation benefits. Those who qualify for workers’ compensation will receive payments from the worker’s compensation insurance company based on their level of disability. The severity of your disability will determine whether or not you qualify for permanent partial disability, temporary partial disability, or temporary total disability.
Sometimes injured employees do not receive the correct amount of money in monthly workers’ compensation payments. Understanding the difference between temporary partial disability and temporary total disability is an important part of making sure you are receiving the benefits to which you are entitled.
After you have suffered an injury in a workplace accident, you are probably concerned with recovering as much compensation as possible. The medical bills that are piling up and your ability to work effectively often causes stress and financial hardship. Receiving workers’ compensation benefits will help you and your family survive financially while you heal. Gainesville employees who become injured at work fall into the following four main categories of workers’ compensation:
It is important that your injury is correctly classified. For example, if your injury prevents you from working, you should be in the temporary total disability category. However, sometimes, applicants are placed in the wrong category and expected to be able to work when they cannot work. At Smith Hulsey Law, our skilled workers’ compensation lawyers can help guide you through the process of applying for workers’ compensation. Should any issues become apparent, we can help you navigate them with your best interests in mind. We help make sure that your employee’s insurance company treats you fairly and evaluates your claim in a fair and effective way.
Temporary partial disability benefits apply to those who can only return to a modified version of their job after suffering an accident. Or, in some cases, the worker can only return to another job that involves extremely light work. When a person suffers a disability that is not permanent and they are able to do some light work, but not the work they previously did, they will receive temporary partial disability compensation.
Partial disability coverage makes up for the loss of income associated with your partial disability. Those awarded temporary partial disability compensation will only receive two-thirds of the difference between the amount you made before your accident and the amount you make after the accident. For example, if you used to make $800 per week before your disability and now you can only make $400 per week, you could receive temporary partial disability payments of $383 per week. The maximum amount a person can receive in Gainesville is currently only $383.
When a person’s injury prevents them from working at least temporarily, they will receive total temporary total disability benefits. The applicant must be unable to work for at least seven days. Temporary total disability benefits are awarded when someone is unable to work for at least seven days. These benefits are intended to cover two-thirds of a person’s weekly salary before the injury occurred. However, the maximum amount that someone can currently receive is $675 per week. Coverage typically lasts for 400 weeks or until the recipient meets maximum medical improvement.
Under workers’ compensation law, Gainesville applicants are subject to maximum compensation limits. The maximum amount for each benefit type depends on the date of your claim or injury. It is important to speak to a skilled disability lawyer to find out the maximum amount of benefits you could receive. Under Georgia law, your benefits will be calculated based on your average weekly wage before and after your disability. It is important to note that you may not fully recover from your injuries. When this is the case, you will need to switch to workers’ compensation for permanent disability.
The word temporary probably does not mean what most people think it means. Under Georgia law, the term temporary means that someone can receive total disability payments for a while. Those who suffer an injury at work that qualifies for workers’ compensation will receive temporary partial disability or temporary total disability compensation. These individuals suffer an injury and are unable to work as much as normal or at all, and then their injuries heal and they go back to work.
Most workers’ compensation beneficiaries with a temporary total disability are only able to draw disability benefits for a maximum of 400 weeks from the date of their qualifying injury. When the injury is classified as a temporary partial disability, the applicant can only receive benefits for up to 350 weeks after the date of the injury. Some states follow the maximum medical improvement standard. Once the insurance company deems you to have met maximum medical improvement, you will stop receiving benefits.
Maximum medical improvement means that you have met the maximum improvement for whatever capacity your body has to recover from your injury. Georgia, however, does not follow the maximum medical improvement standard. If you are eligible for benefits and receiving them, you will keep receiving them even after a doctor says you have met maximum medical improvement.
Speaking with a skilled lawyer regarding your workers’ compensation benefits is essential. When you are placed into the wrong category of disability benefits, you could be cut off earlier. For example, if your injury is categorized as a temporary partial disability vs. temporary total disability, you could receive benefits for 50 fewer weeks.
At Smith Hulsey Law, we know how to conduct a thorough investigation into your disability. We help you seek out an expert medical opinion based on a comprehensive physical evaluation. Our lawyers fight hard to make sure that your workers’ compensation injury is correctly categorized and that you receive all of the necessary benefits. Contact our law firm as soon as possible to schedule your initial consultation.
We have the experience needed and the connection with vocational and medical experts who can evaluate your work-related injury. If necessary, these experts can testify regarding the severe and catastrophic nature of your injuries and the inability to work. Determining which category of injury you suffered or how much compensation you may be entitled to receive is difficult due to the complex nature of Georgia’s workers’ compensation laws. Hiring a skilled lawyer to walk you through the process can help focus on recovering from your injuries instead of worrying about how you will pay your medical bills. Contact our law firm today to schedule your initial consultation.
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