Temporary disability benefits are calculated based upon the average weekly wage – the wages of the employee over a period of time are totaled up and then averaged.
Once that average has been calculated, the employee is typically entitled to two thirds of that average weekly wage (up to a statutory ceiling of 1609.09 /1066.72 in 2013 and the minimum rate is 239.63/160.00 per week).
The second form of benefits received under workers’ compensation is medical coverage. If an employee is injured on the job, he or she is entitled to reasonable and necessary hospital and medical treatment related to that injury to hopefully get him or her back on her or her feet and able to resume his or her employment. Medical benefits are severely regulated however and that results in many denials of care. If the employee is not able to resume her or her former employment, then he or she may be entitled to rehabilitation services that will either allow him or her to return to some other form of employment or be trained in a new line of work.
A final type of compensation that the employee may be entitled to as a result of an on-the-job injury is compensation for permanent disability. Most workers’ compensation acts have created a schedule in which specific disabilities are worth a certain number of weeks of wages. For instance, a person who loses a foot may be entitled to one hundred and fifty weeks of wages over and above any other benefits that he or she may receive. A person who loses an eye on the job may be entitled to an equivalent amount of compensation. Those forms of compensation are in addition to the wage loss benefits otherwise paid and any medical expenses that have been paid.
If you or a loved one has been injured at work it is important to protect your legal rights.