If you have been injured while on the job, you may be entitled to workers’ compensation. If the injury is significant, you may be able to receive disability benefits. An attorney who is knowledgeable about disability and workers’ compensation in Richmond could help you recover the benefits you deserve. Reach out to an experienced workers’ compensation lawyer today and set up a consultation with a well-versed legal professional.
Temporary partial disability and workers’ compensation in Richmond is not injury specific. Instead, it is a wage loss status. The worker is either temporary total, which means the person is completely out of work and not receiving any pay, or they are on light-duty and not receiving any pay, or temporary partial where they are on light-duty but making less money.
Temporary partial disability is when an injured worker is working while on light-duty restrictions but making less money than their pre-injury average weekly wage. Temporary partial is the difference between the pre-injury average weekly wage and the post-injury average weekly wage, and the amount is two-thirds of the difference, which continues for 500 weeks as well.
Temporary total disability is the wage loss benefit for an injured worker who is completely unable to work and not working or on light-duty restrictions but not working either. This is when they can apply for temporary total disability benefits, but when an injured worker is on light-duty restrictions, and not working. If that injured worker is under a wage loss award, they will still receive the temporary total disability benefits. If they are not under an award, they are required to job search in order to qualify for temporary total disability checks. They need to be able to show the commission that they are making a minimum of five job contacts each week. All this information has to be documented in order to be entitled to temporary total disability benefits.
Permanent partial disability is the permanency benefit. It is only available for certain injured body parts, which are the arms, hands, fingers, legs, feet, and toes. In certain cases, it is available for traumatic brain injury cases. It is part of their 500 weeks of benefits, but if they get a rating, then their rating is calculated based on the body part that is injured.
In the event that a person’s disability permanently renders them unable to work after the expiration of the 500-week period, they have two years at the close of that to file for permanent and total disability benefits. They will have to go to a hearing and prevail on that claim. If they have a successful claim, then they will be entitled to temporary total disability benefits for the remainder of their life.
If you have any questions regarding disability and workers’ compensation in Richmond, reach out to an accomplished workers’ comp lawyer today. A skilled attorney could explain your rights and help you recover the benefits you deserve.