Types Of Workers Compensation Money Benefits

1. TEMPORARY DISABILITY – Temporary Total (TTD) or Temporary Partial (TPD)
   An injured worker is entitled to receive TTD benefits if the effects of the injury cause the worker to be unable to perform their regular job, the employer has no modified/alternate work, and the employee has a doctor’s note indicating that they are TTD.
   
   TTD benefits are owed 14 days after the employer is notified that the worker is TTD.
   
   No TTD benefits are owed if the only period of disability is seven days or less.
   
   The total period an injured worker can receive TTD benefits is limited to 104 weeks.
   
   Temporary partial disability (TPD) is paid to an injured worker who works but does not earn am amount equal to their temporary disability rate.
   
   The temporary disability rate is 2/3 of average weekly earnings.
   
   Currently (2007) the maximum weekly rate is $ 840 per week. To qualify for the maximum rate, the injured worker must have average weekly earnings of $ 1,260. Maximum rates for temporary disability will be higher in future years because rate increases will be tied to increases in the state average weekly wage.
   
   If you are receiving TTD two years after your injury and your were paid at the maximum rate, please call this office so that we can make sure you are receiving the correct amount of temporary disability. You may be entitled to receive TTD and the increased adjusted rate.
   
   Temporary disability benefits end when the authorized treating doctor eports that you have reached maximum medical improvement (MMI). Temporary disability benefits will end at the 104 week limit, even if the doctors say that you are still temporarily totally disabled and have not yet reached MMI.


2. PERMANENT TOTAL DISABILITY – 100% Disability
   If an injury causes a complete loss of future earnings capacity, the injured worker is entitled to receive weekly payments payable at the temporary disability rate in effect at the time of their injury for the reminder of their life.
   
   Very few injuries will qualify for this type of award. The ijured worker must not be able to find sedentary work within a 50 mile radius from his residence. It is anticipated that use of vocational experts will be required to establish a complete loss of earnings capacity.


3. VOCATIONAL REHABLITATION
   If you are unable to perform the skills required for your former job as a result of your work related injury, you can contact the Department of Education, Division of Vocational Rehabilitation at 850-488-3431 for free re-employment services. Vocational Rehabilitation Experts are sometimes needed in Workers Compensation cases to determine what type of work a person may be capable of being trained for when they are no longer able to do their job with the disability resulting from an accident. Our staff can explain more about the Vocational Rehabilitation Experts and when they are used.


4. DISCRIMINATORY ACTIONS BY THE EMPLOYER
   Please call this office immediately if you learn that your employment has been terminated by your employer. Don’t confuse termination of employment with your employer telling you that they have no work for you because of your injury. If you are terminated, your employer will tell you that you are fired.
   
   If the termination is for reasons connected with your injury (such as not being able to perform your job due to your injury) or retaliation for getting medical treatment for filing your workers’ compensation claim, you may be entitled to pursue a retaliatory discharge claim against your employer.


5. PENALTY FOR DELAYED BENEFITS
   The penalty for unreasonable delay and refusal of benefits has been significantly reduced by the workers’ compensation reform. In summary, penalties for unreasonable delay could be significant before the reform, but have now been significantly cut back to the extent that they are almost meaningless deterrence to unreasonable delay by the insurance company.


6. SERIOUS AND WILLFUL MISCONDUCT
   If an employer has failed to provide a safe workplace, and that failure caused the injury, the employer may be liable for additional fines. The employee must show almost gross disregard by the employer for safety. Ordinary negligence is not enough. These cases for the most part are difficult to win absent compelling facts.


7. DEATH BENEFITS
   If an injury at work or occupational exposure contributed to a workers death, the workers’ spouse and minor children can recover significant death benefits under workers’ compensation.
   
   One must not overlook the fact that consequences of a work injury such as the effects of medications or treatments for the work injury can also contribute to the death of an injured worker.