Basic worker’s comp benefits
Whenever you are injured on the job, you are entitled to receive worker’s compensation benefits. The value of these benefits will usually depend on the amount of money you were earning at the time the injury occurred as well as the amount of permanent damage that has been done to the wage earning capacity of the employee. The key differences between worker’s compensation and personal injury cases are that you cannot collect for pain and suffering with worker’s comp cases, nor can you sue your employer.
As mentioned, the recovery is based on lost wage earning potential, and the worker’s compensation attorney’s role in the matter is to ensure that every possible recovery element is taken into consideration. Worker’s compensation cash benefits are typically classified into 3 categories:
- Permanent Partial Disability or PPD
- Total Partial Disability or TPD
- Temporary Total Disability or TTD
Additionally, you will be entitled to medical care and treatment at your employer’s expense. These benefits are typically based on the employee’s average weekly wage or AWW as it is referred to more commonly. As we have already discussed TTD benefits on this blog, today we want to focus on PPD and TPD benefits.
What are the differences between the two?
PPD benefits are not based on your earning capacity but rather on a formula regarding the percentage of impairment that your injury has resulted in. This is determined by:
- the percentage of impairment the injury has caused (not wage earning capacity)
- the part of your body that has been injured and impaired
- the rate of your compensation
Even if you have not lost any wages or missed any workdays, you may still be entitled to PPD benefits. However, if you have been receiving TPD or TTD benefits, you will not start getting PPD benefits until either of the other two has stopped being paid.
On the other hand, TPD benefits apply to a situation where you have not been totally disabled and can still work, but your earning capacity has been impaired. In other words, if you can no longer earn the wages you were receiving before the injury occurred, you will most likely be entitled to TPD benefits. These benefits will be equal to 2/3 of the difference between what you were earning before and then after the injury with the maximum benefit being $334 per week. Additionally, the longest period of time that you can receive TPD benefits is 350 weeks after the injury.
