Employees who sustain work-related injuries are entitled to workers’ compensation benefits. There are several different types of benefits that can be awarded to injured workers, two of which are temporary total disability benefits and temporary partial disability benefits. If you have been injured at work, it’s important to understand the differences between these two types of benefits.
What Are Temporary Total Disability Benefits?
Temporary total disability benefits are awarded to employees who have sustained injuries that make it impossible for them to perform their regular jobs or any other type of work offered by their employer.
Workers who qualify for this type of benefit will receive 70% of their average weekly wage for a total of 104 weeks. However, if 70% of the employee’s average weekly wage exceeds 70% of the state’s average weekly wage, the employee will receive 70% of the state’s average weekly wage.
What Are Temporary Partial Disability Benefits?
Temporary total disability benefits are awarded to employees who cannot perform any type of work. On the other hand, temporary partial disability benefits are awarded to employees who cannot perform their job, but they can perform some type of alternative work offered by their employer.
For example, let’s say a factory worker is injured and can no longer lift heavy boxes. Because he can no longer perform his job duties, his employer reassigns him to a position that does not require heavy lifting. However, the alternative work pays far less than what the employee is used to making in the factory. Instead of being forced to accept the pay cut, the employee can receive temporary partial disability benefits to make up the difference only if his or her weekly wage for performing alternative work is less than the temporary total disability rate.
How does it work? Workers in this situation are entitled to receive 70% of the difference between their average weekly wage in their regular position and their average weekly wage for performing alternative work. Using the same example, let’s say the factory worker’s average weekly wage was $800 before the injury. The factory workers temporary total disability rate is $560. In his new position, his average weekly wage is only $500. The difference between these two averages is $300, 70% of which is $210. This worker would be entitled to Temporary Partial Disability of only $60 since his weekly wage for performing the alternative work cannot exceed his temporary total disability rate.
Whereas temporary total disability benefits are paid for 104 weeks, temporary partial disability benefits are only paid for 52 weeks.
It can be difficult to figure out which workers’ compensation benefits you should receive after an injury, but it doesn’t have to be. Focus on your recovery while the attorneys at Armstrong & Vaught, P.L.C. handle the rest. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.