By: Fred Lewis and George Casper
Workers’ Compensation is a system of insurance that pays an employee that cannot work because he or she has been injured while working. Workers’ Compensation can have very complicated medical and legal issues depending on the severity of the workers’ injuries and other factors. Although some cases can get complicated, every case follows the same general pattern. Knowledge of this pattern helps clients to understand what stage of the claim process they have reached. The purpose of this two-part blog is to explain these steps to make injured workers aware of potential legal actions they can take.
Any worker injured while performing duties related to their job is entitled to certain worker’s compensation benefits by law. These benefits are: (1) The payment of any medical care necessary to treat the injury, (2) Total Temporary Disability (TTD) Benefits, and (3) Partial Permanent Impairment (PPI) Benefits. These benefits are normally acquired without the intervention of an experienced Idaho Worker’s Compensation attorney. However, it is always helpful to have the assistance of experienced Idaho Worker’s Compensation attorney to guide you. (no fees will be charged when the claim has been accepted and the above benefits are being paid.) The payment of medical bills is pretty straightforward, so there is no need to delve further into the topic.
TTD Benefits are essentially a partial wage replacements awarded to workers who are unable to work for five or more days because of their injury. Injured workers either receive 67% of their average weekly wage. TTD benefits are given to workers until they are able to return to work or until they reach Maximum Medical Improvement (MMI).
When a worker’s injury causes them to be permanently impaired, they can recover benefits beyond the TTD benefits they receive from their time off work. The first of these benefits are PPI Benefits. PPI Benefits are set at 55% of the average weekly wage during the year the worker was injured. PPI assumes a person’s life will be 500 weeks for calculation purposes. The amount of PPI Benefits received are calculated using the impairment rating, the 500 week span, and the 55% of the average weekly wage calculation. For example, the average weekly wage for 2014 was $684.00. 55% of that is $376.20. Let’s say the worker was injured in 2014 and has a 10% whole person impairment. The calculation would be as follows:
10% multiplied by 500 weeks = 50 weeks of benefits
50 multiplied by $376.20 (55% of 2014 average weekly wage) = $18,810.00 (PPI Benefits)
The medical and TTD benefits can normally be obtained without the use of an attorney. Many doctors forget to do the impairment rating. Remind your doctor this is important to your case and financial well being. However, there are times when an employer’s insurance company will deny the claim from the time it is filed. If this is the case, an attorney will be needed to get any type of recovery from the workplace accident. Often, the amount earned through the above benefits does not allow the injured worker to fully recover the potential earnings he or she has lost. In part 2, we will explore the benefits an attorney can get for injured workers via litigation.
Call Racine Olson Workers’ Compensation Lawyer Now
When seriously injured in a workplace accident, it can be devastating to you, your friends and family, and your finances. If seriously injured, you will certainly miss work and you will accumulate expensive medical bills. You need a passionate and experienced Idaho Worker’s Compensation attorney to help you navigate through the process. If you have been injured at your workplace, you are certainly entitled to benefits under Idaho Worker’s Compensation Law. Call our office today at (208) 232-6101. We answer all your questions for free.
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