When a person is disabled from a work accident, they would either be placed on temporary partial disability or temporary permanent disability. If this is the case, they would be paid less than what they normally would be paid since their work load and hours would be decreased. However, to make sure they are not being paid any less than what they are supposed to be paid, they should get in touch with an attorney.
An experienced attorney familiar with disability in workers’ compensation in North Charleston could review the circumstances of your case and advise you on how to proceed.
What is Temporary Partial Disability?
Temporary partial disability is an option of worker’s compensation that would pay individuals two-thirds of what they were earning prior to their accident. The reason why it would pay this much is because since the injured worker is not working at their full capacity, they are only being paid for the work they are able to do, which is less than normal. For example, if a doctor orders the injured work to restrict themselves to light-duty work in a warehouse or factory, the injured worker would have less to do, meaning they would be working fewer hours. As a result, their paycheck would be less than what it is supposed to be.
There are various injuries which could lead to temporary partial disability. One of the more common injuries include lower back injuries. An injured worker with this type of injury would usually be excluded from bending over and picking up heavy items. In other cases, injured workers with injured knees and should also be disallowed from heavy lifting and other related activities. As a result, the injured worker may face a reduced workload and/or hours.
What Constitutes Temporary Total Disability?
When a person is under temporary total disability, they are being completely barred from working. Individuals placed under this classification tend to suffer injuries so severe that they physically cannot complete any work tasks without worsening the injury, or their employer cannot accommodate for their injury meaning that they could not work even if they wanted to. After eight days from being out of work, workers’ compensation should begin paying the individual their temporary total disability check, which would also be two-thirds of their regular check.
The injuries that typically lead to temporary total disability include neck and spinal cord injuries. Since these types of injuries often need some type of surgery to repair, injured workers’ will often take weeks to months before they are completely healed and/or able to work.
Get in Touch with Our Law Offices Today
For more information regarding disability and worker’s compensation in North Charleston, feel free to call our offices today and ask to schedule a consultation with a legal professional. An attorney is ready and willing to meet with you to discuss any questions you might have about a particular case and provide you with guidance that would benefit your case.