If you’ve been hurt on the job and are considering filing for workers’ compensation benefits, then you probably have several questions about the process. However, the most common question people have when applying for workers’ comp is just how much their weekly benefits might be.
If you’re not familiar with the workers’ compensation system, then you might not know that there are several different types of benefits, which can be calculated in differing ways. Learn about the different payment amounts you can receive for workers’ compensation benefits, including the possibility of a lump disability payment.
The Different Types of Weekly Benefits
When it comes to workers’ comp benefits, there are two different ways that your disability will be categorized. First, your disability will be reviewed to find out if it is permanent or temporary. Secondly, the extent of your disability will be examined to determine if is total or partial. This means there are four different categories of disability for the purposes of workers’ comp: temporary partial, temporary total, permanent partial and permanent total.
Once you know what type of disability you are suffering from, it will be easier to calculate how much your weekly payments might be.
How Weekly Payments Are Determined
If you’re injury results in a total disability, your weekly payments will generally be 60% or two-thirds of your average weekly wage (AWW). It’s important to understand that your AWW includes both your pre-injury weekly earnings and overtime.
By dividing your AWW by a set number of weeks before your injury—13, in Texas—your weekly payment will be decided. The maximum amount you can receive is based on the state average weekly wage, which is 88% of the AWW as maintained by the Texas Workforce Commission.
Partial disability weekly payments are calculated differently because a partial disability usually allows you to work to some degree. For partial disability, your weekly payments will be a percentage of your current earning capacity.
You will usually continue to receive your payments for as long as you are disabled or until you turn 65, the legal retirement age.
Payouts for Permanent Disability
If you have suffered a permanent disability that will never improve, then you may be eligible to receive a permanent disability benefit. This is most common in cases involving amputations. The amount you can receive for a permanent disability payment is based on the extent of your loss. The percentage of loss you receive is usually determined by a schedule put out by the American Medical Association (AMA).
Medical Payments and Job Training
After a workplace injury, you are eligible to have your medical expenses covered. While you are entitled to this coverage after a workplace injury, it can also lead to disputes with your insurance. If your injury is healing slowly or failing to heal at all, your insurer may deny your claim. Should this happen, you’ll need to contact your workers’ comp board to try and receive medical payments.
In some circumstances, your disability may prevent you from returning to your old job but not from working a different job. To help you return to work at another position, workers’ comp will often pay for vocational rehabilitation, which will train you for a new career.
Hire an Attorney for Help with Workers’ Comp Benefits
Applying for workers’ compensation benefits can be complicated, and if you want to guarantee you receive the payments you need, you should work with Braker White. Every attorney in our office understands workers’ compensation law and can help you apply for your benefits.
Tell us about your injury today and schedule a consultation about your benefits.
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