When you are injured at work, it can feel overwhelming, not just physically but financially as well. In California, workers' compensation can provide crucial support for individuals unable to work due to a workplace injury or illness.
One of the most significant concerns after an injury is how to compensate for the income lost during recovery. Workers' compensation benefits can address this concern by offering wage replacement, allowing you to focus on healing without worrying about your paycheck. The amount of compensation you are entitled to depends on various factors, such as the severity of your injury and your average weekly earnings before the accident.
While workers' compensation is vital, navigating the claims process can be complicated. If you encounter disputes or delays or are unsure whether you're receiving the full benefits you're entitled to, a workers' compensation lawyer can help. An attorney can guide you through the process, assist with filing claims, and advocate on your behalf if your claim is denied or undervalued.
If you need help with a workers’ compensation claim in Glendale, please schedule a consultation with the Law Offices of Wax & Wax by calling (818) 946-0608.
What Are Lost Wages in the Context of Workers’ Compensation?
Lost wages refer to the income an employee misses out on due to being unable to work following a workplace injury or illness. These wages can be a significant financial burden, especially if the injury leads to a lengthy recovery period or permanent disability. Workers' compensation aims to provide economic relief to injured workers so they can focus on recovery without the added stress of lost income.
Workers' compensation covers lost wages in different ways, depending on the severity of the injury and the worker’s ability to return to work. For instance, if an injury prevents an employee from performing their regular job duties temporarily, they may qualify for temporary disability benefits that replace a portion of lost wages during recovery. If the injury results in permanent disability, partial or total, the worker may receive ongoing benefits to help replace lost income.
How Does Workers’ Compensation Help with Lost Wages?
The process of wage replacement through workers' compensation depends on the severity of your injury and your ability to return to work. The two main types of benefits are temporary disability (TD) and permanent disability (PD).
Temporary Disability Benefits
Temporary disability benefits are for workers who cannot perform their usual jobs while recovering from an injury. If your injury prevents you from working, you may be eligible for temporary total disability (TTD) benefits. In cases where you can still work but cannot earn as much as you did before the injury, you may qualify for temporary partial disability (TPD) benefits.
The amount you receive in temporary disability benefits is typically two-thirds of your pre-tax wages, up to a state-mandated maximum. This amount helps replace lost income while you focus on your recovery. Payments are made every two weeks, and they usually stop once you can return to work, either in your usual role or with modified duties.
Permanent Disability Benefits
In cases where a worker’s injury leads to a lasting disability, workers' compensation provides permanent disability benefits. These benefits are available once you reach maximum medical improvement, meaning your condition has stabilized, and further recovery is unlikely. If you have a reduced earning capacity due to the permanent effects of the injury, you may qualify for PD benefits.
The amount of permanent disability benefits you receive depends on several factors, including:
- The percentage of disability
- Your average weekly wage
- The date of the disability
PD benefits usually kick in once temporary disability benefits end and are paid within 14 days of that transition. Like TD, payments are made every two weeks.
How a Lawyer Can Help You Seek Fair Compensation
Understanding how workers' compensation can help with lost wages is crucial for anyone recovering from a workplace injury. While the system provides financial support, navigating the claims process can be complicated, and disputes or delays are not uncommon.
A workers' compensation attorney is essential in helping you pursue the benefits you are entitled to, including wage replacement. They can file your claim correctly, advocate for you if disputes arise, and guide you through calculating the benefits you should receive. Whether you're dealing with temporary or permanent disability, a lawyer can help you understand the specifics of your case and prevent you from missing out on compensation.
In some cases, claims may be denied or undervalued. If this happens, your lawyer can assist with appealing the decision and gathering the necessary medical evidence to support your claim. A strong appeal can make a big difference in whether you receive the full benefits you’re entitled to, including lost wages.
If you need help navigating the workers' compensation system or your claim has been denied, contact the Law Offices of Wax & Wax at (818) 946-0608. We provide legal representation in Glendale.