A temporary disability is when your injury or illness is only temporary and will not be permanent. To be considered for temporary disability, you need to be unable to perform your regular work duties or are hospitalized for more than 3 consecutive days. There are two types of temporary disabilities:
- Temporary Partial Disability: A temporary partial disability claim can be filed when you can only complete part of your regular duties and so your employer cannot offer you the same wages or hours. You will receive a supplementary income of ⅔ of whatever wages and benefits you have lost as a result of the injury.
- Temporary Total Disability: A temporary total disability is when you cannot perform any of your regular work duties. If you qualify for a temporary disability claim, typically you will receive a bi-monthly check of ⅔ of your normal income until you can get back to work.
A permanent disability is when your injury or illness is lifelong. To be considered for permanent disability, you need to prove that you will not ever be able to perform your regular work duties as a result of the disability. With a permanent disability, the awardee is also allowed to return work, as long as their wages plus disability do not exceed the state maximum. There are two types of permanent disabilities:
- Permanent Total Disability: Permanent total disability is when the wage-earning capacity is completely loss as a result of the injury. To qualify for permanent total disability, you need proof that your injuries are debilitating. If you receive permanent total disability you will get a bi-monthly check for ⅔ of your income for the rest of your life.
- Permanent Partial Disability: Permanent partial disability is when the wage-earning capacity has been permanently lost. There are two kinds of permanent partial benefits: Schedule loss of use and non-schedule. Schedule loss of use covers the lost body parts, while non-schedule covers all other injuries. For schedule of loss of use, compensation is fixed by law to a certain number of weeks depending on the body part. For non-schedule, the benefits are based on the loss of earning capacity.
In all four cases of disability, you may also be entitled to weekly supplemental benefits equal to 3% of your income times the length of your injury.
You Will Need An Attorney
Getting approved for any form of disability can be a serious challenge. The government has a lot of very strict requirements for what claims they will approve. A qualified attorney can prove the severity of the injury, negotiate the type of disability benefit, and negotiate the payments. Also an attorney can help you appeal a denial. So if you are filing a disability claim, you need to call a lawyer to best represent your interests.
At All Injuries Law Firm, we have over 30 years of experience filing disability claims. We know exactly what paperwork needs to be submitted to get an award. We can take the hassle of fighting with the government off your hands, so you can focus on healing from your injury or illness. So call us today for a free consultation to see how we can help you!