For anyone facing a workplace injury, having a clear understanding of temporary and permanent disability benefits is crucial. As a Long Island on the job injury lawyer, we often hear a variety of questions from clients who are trying to figure out their rights and benefits. In this FAQ, we will address some of the most common concerns.
What Is The Difference Between Temporary And Permanent Disability Benefits?
Temporary disability benefits are payments you receive when you are unable to work due to an injury, but your condition is expected to improve over time. These benefits provide financial support while you recover and are typically a percentage of your regular wages. Permanent disability benefits, on the other hand, are awarded when an injury or illness leaves you with lasting impairments that affect your ability to work. These benefits can be partial or total, depending on the extent of your disability and its impact on your earning capacity.
How Are Disability Benefits Calculated?
The calculation of disability benefits depends on several factors, including your average weekly wage before the injury and the severity of your disability. For temporary disability benefits, you typically receive a percentage of your average weekly earnings, up to a maximum amount set by state law. Permanent disability benefits are often determined by the impairment rating assigned by your doctor, which measures the degree of your disability. The higher the rating, the greater the compensation you may be entitled to receive.
Can I Receive Both Temporary And Permanent Disability Benefits?
Yes, it is possible to receive both types of benefits, but not at the same time. Generally, you will first receive temporary disability benefits while you are recovering and unable to work. Once you reach maximum medical improvement (MMI), meaning your condition has stabilized and is not expected to improve further, your doctor will evaluate you for any permanent impairments. You may be eligible for permanent disability benefits based on your impairment rating and its impact on your ability to work if you are found to have a permanent disability.
What Happens If My Condition Worsens After Receiving A Permanent Disability Rating?
If your condition worsens after you have received a permanent disability rating, you may be entitled to additional benefits. It is important to report any changes in your condition to your doctor and your employer’s workers’ compensation insurance carrier as soon as possible. A re-evaluation may be necessary to adjust your impairment rating and determine if you qualify for increased benefits. In some cases, you may also be eligible for vocational rehabilitation services to help you return to work in a different capacity.
Do I Need A Lawyer To Handle My Disability Benefits Claim?
While it is not mandatory to have a lawyer, having legal representation can be highly beneficial, especially if your claim is complex or has been denied. A lawyer can help you understand your rights, gather necessary medical evidence, and manage the appeals process if needed. They can also negotiate with the insurance company on your behalf to secure the maximum benefits you are entitled to. We are dedicated to helping injured workers understand and obtain the benefits they deserve.
Navigating Temporary And Permanent Disability Benefits
For anyone who may be dealing with a workplace injury, it’s important to understand the nuances of temporary and permanent disability benefits. If you have more questions or need assistance with your claim, don’t hesitate to reach out to us. As lawyers with over 30 years of experience, we are here to support you through every step of the process. Contact Polsky, Shouldice & Rosen, P.C. today to schedule a consultation and let us help you get the compensation you deserve, we handle cases all over the greater New York City metropolitan area.
