Can Receiving Workers' Compensation Lead To Receiving Disability?
Were you recently injured at work and you are concerned about whether or not you will ever be able to return? Are you receiving workers' compensation payments now, but aren't sure how your finances would handle not working anymore? It actually is possible for those receiving workers' compensation payments to eventually begin receiving disability. Whether or not a person will receive disability will depend on the extent of their injuries, as well as their ability to return to full time employment. There are two main types of disability: temporary disability and permanent disability.
Temporary Total Disability
Temporary total disability is paid to an individual while they are recovering from a work-related injury. This will require a physician to verify the individual's inability to work during recovery. The amount of compensation an individual will receive will depend on state law. There are also waiting periods associated with receiving temporary disability; however, the waiting period will also depend on state law.
Temporary Partial Disability
Temporary partial disability is paid to an individual that has been cleared to return to work, but can only do so under specific limitations. The employer will be required to make reasonable accommodations for the employee to return to work, including allowing the employe to perform a different job on a temporary basis. Temporary partial disability is paid only when the reasonable accommodations result in the worker receiving lower wages than they would under their permanent job. This could be caused by working a reduced amount of hours or having a reduction in hourly pay.
Permanent Total Disability
Permanent total disability is generally awarded when an individual has a severe injury or physical limitation that would prevent them from returning to work in any capacity. An example of this could be an individual that lost an arm or leg, or had an injury that lead to full or partial paralysis. The exact requirements and policies related to permanent total disability and the amount a person receives will vary based on state law.
Permanent Partial Disability
Permanent partial disability benefits are a complex and complicated type of payment that focus on four different criteria: the impairment approach, the loss of earning capacity approach, the wage loss approach and the bifurcated approach. These criteria include physical, psychological, economic and social loss. Each state is responsible for laws and regulations regarding permanent partial disability.
If you feel that you are a candidate for either workers' compensation or disability, consider contacting an attorney in your area. They can help you determine the strength of your case as well as the different options that you may have. Contact a firm like Robinson & Kole for more information.