When taken totally off of work, the injured worker should receive Temporary Total Disability benefits, which is exactly 66 and two-thirds of their average weekly wage. This “two-thirds amount” is also referred to as the compensation rate, or “comp” rate. The average weekly wage is based on an average of gross income earned in the 13 weeks preceding the accident. “Second job” wages are includable so long as taxes were paid (or will be paid) on that income and the worker was a covered employee for workers’ compensation at the second job. Special rules apply when the injured worker was not employed for a full 13 weeks preceding the accident.
When still actively treating but released back to work with no job offered to them, the injured worker should receive Temporary Partial Disability benefits, which are calculated at 80% of 80% of the average weekly wage.
Impairment Income Benefits are paid when the doctor has placed the injured worker at Maximum Medical Improvement and assigned a percentage of permanent impairment. This benefit is calculated at 75% of the compensation rate when the injured worker is not working or earning less than their pre-injury income, and reduced by 50% if the injured worker equals or exceeds his pre-injury income during the payout period.
If you believe your benefits have been incorrectly calculated or suspended, please call us immediately.