Richmond Workers’ Compensation Lawyer Explains Types of Disability
If you have suffered a work-related injury or illness, you may be entitled to receive Workers’ Compensation benefits via temporary total disability. The type and amount you receive will depend on a variety of factors. A Richmond Worker’s Compensation lawyer can provide the legal help you need to try and navigate the complex claims process. They can help ensure you are receiving the right kind of benefits and for the appropriate amount of time.
Consulting with a Richmond Workers’ Compensation lawyer is the best way to learn what you are entitled to receive. A lawyer can also ensure your rights and claim are protected.
There are three types of disability generally available in a Workers’ Compensation claim, including:
- permanent total disability;
- temporary partial disability; and
- temporary total disability.
There are specific guidelines that apply to each type. These help establish how much of the weekly wage will be paid out and for how long.
An Overview of Temporary Total Disability
If you are told that you qualify to receive temporary total disability, this means you are temporarily unable to perform your work duties. Additionally, your injury or illness prevents you from doing even partial work. You are considered to be totally disabled.
An example would be a worker who falls from a ladder and breaks their arm. If their job duties require the use of their arms and there are no other light duty tasks available, the worker is considered totally disabled.
However, it is temporary because a fracture will eventually heal. So at some point the worker will be able to return to their job. Meanwhile, the employee will qualify for temporary total disability benefits.
Temporary total disability starts when an employee has been taken out of work for at least seven days. Once an employee is out of work for 21 days, he will also be reimbursed for the first seven days as well. There are many pitfalls with temporary total disability. In general, for most injuries, 9 1/2 years will be sufficient time. The unfortunate event occurs when an individual may never return to work and 9 1/2 years will definitely not be a sufficient amount of time to get lost wages.
You should receive your total temporary disability check on a weekly basis. If you don’t receive it on time, contact the insurance adjuster to request an explanation.
Reminder: You cannot get both total temporary disability benefits at the same time you receive permanent partial disability benefits.
Qualifications to Receive Temporary Total Disability
There are certain qualifications that must be met in order to receive temporary total disability. The first is that your claim for Workers’ Compensation benefits has been approved by your employer’s insurance carrier. To keep abreast of all the fulfillments for qualifications, you may need to hire a Richmond Workers’ Compensation lawyer to review your files.
The second qualification is that your physician has ordered you to not work. Or if they have given restrictions, your employer would have to be unable to meet those.
The third qualification to receive temporary total disability is that you are unable to work for more than a certain amount of days, which may vary from one state to the next. This does not always have to be consecutive days, but you must be expected to miss at least a certain amount of days to receive payments.
At some point the benefits will end. This can happen for a few reasons. One is that your employer is able to make accommodations for any restrictions your doctor placed on you. In addition, the income must be at least equal to what you were receiving through temporary total disability.
Another way the benefits can end is if you are considered to have reached maximum medical improvement. This means you are healed or as healed as can be expected.
If you are not able to return to your line of work, even though you are considered to have improved, you cannot continue to receive payments. There may be exceptions to this, which a Richmond Workers’ Compensation lawyer can discuss with you.
Seeking Legal from a Richmond Workers’ Compensation Lawyer
Unfortunately, the Workers’ Compensation process can be very confusing and lengthy. Understanding the laws, along with your rights, can be a challenge. This is why you would benefit in talking to a Richmond Workers’ Compensation lawyer.
If you would like to learn more about your rights as a worker, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia. Then you should contact the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.