Denver Disability Lawyers: Wage Replacement for Temporary Disabilities- How much are you entitled to?
According to the workers’ compensation laws of Colorado, a worker who has sustained an on-the-job injury or illness may be entitled to compensation benefits. If the injury or illness is severe enough that the employee cannot work at all or cannot fully perform his job duties, temporary disability benefits under the workers’ compensation system can help the employee stay afloat and financially weather the storm, obtaining vital funds to meet many financial obligations.
There are two different types of workers’ compensation benefits that fall under “temporary disability”. They are:
Temporary total disability, and Temporary partial disability.
Learn More About Workers’ Compensation Time Limits In Colorado
What is Temporary Total Disability?
Under temporary total disability, if the illness or injury is severe enough that the employee cannot return to work at all, Colorado’s workers’ compensation laws stipulate that the employee is entitled to receive 2/3 of his average pre-injury weekly wage from his employer’s workers’ compensation insurer.
This compensation ensures that the injured worker would not be financially ruined by his injury and the temporary loss of his job. This benefit is subject to certain limits, however, such as when the medical treatment is completed.
Once an employee goes back to work – whether for modified work or regular work – or once the injured worker reaches the point of maximum medical improvement as determined by his doctor, or once the authorized doctor who is treating the worker for his injuries signs a written release for the worker’s return to his regular job, then the temporary total disability benefits will end. If the release is to return to modified work, the employee can either choose to do the modified work or refuse it. Either way, the temporary total disability benefits will still end. During treatment, however, the only limitation that applies is the amount that the employee will receive.
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What is Temporary Total Disability?
The temporary partial disability is available to an employee who is still able to work but is no longer able to perform the same work as before, or can only perform it in a limited way. For this, Colorado’s workers’ compensation laws require the employer’s insurer to pay wage loss benefits if the injury or illness affects the worker’s paycheck in any way.
In other words, the worker is entitled to receive 2/3 of the difference between:
His pre-injury pay level, and
What he is being paid for the modified job duties while he is undergoing treatment for his injuries.
This helps bridge the difference between the worker’s pre-injury wages and his current earnings.
Your right whenever you meet an injury
It is then unfortunate that many workers’ compensation insurers try to find ways not to pay. If an insurance company intentionally makes false or misleading statements to abrogate their responsibilities under the law, the policy holder can report the insurance company to Colorado’s Department of Regulatory Agencies.
Enlisting the help of attorneys at law with years of experience in workers’ compensation will also help injured workers get the medical treatment and disability benefits they deserve. If you or someone you know has been injured while at work, you may be eligible to temporary disability benefits. Call Kaplan Morrell at 303-780-7329, and speak with one of our experienced Denver and Greeley Workers’ Compensation attorneys.