How Are You Paid when You’re Out on a Work Injury?

Posted November 3rd, 2016 by .

Categories: Workers Compensation.

workplace-injury-law-offices-of-anthony-carboneWe’ve provided you with information regarding medical care for work-related accidents.  But, what happens if the doctor orders you to stay out for work injury?  How are you paid?

Lydia Testa was worried.  As a nurse’s aide in a local nursing home, she prided herself on taking care of her elderly patients.  Lydia pulled her back out while helping someone out of bed.  When she reported the accident, her employer referred her to a local clinic.  The doctor determined that Lydia needed time to heal.  He ordered her to start physical therapy and stay out of work.

It’s not surprising that Lydia was concerned that she needed a weekly paycheck.  How was she going to pay bills while she recuperated?  A common worry.  Learn how workers’ compensation temporary disability benefits come into play for work accidents.

Workers’ Compensation Temporary Disability Benefits

We gave you Lydia’s story for a reason.  Lydia’s employer did not dispute that she was injured at work.  They promptly referred the injured worker for medical care.  This constitutes authorized medical care.  The fact that an authorized treating physician ordered Lydia to stay out of work is important.  She could get a check from the workers’ compensation carrier representing temporary disability benefits.

How does this all work?  Let’s breakdown the rules for temporary disability benefits:

  • Directive to Stay out of Work: The directive to stay out of work must come from an authorized medical provider.  This may mean a doctor who initially provides treatment on an emergent basis.  The workers’ compensation carrier is only obligated to provide payment for lost wages if the authorized medical provider says you are not able to work.
  • Commencement of Temporary Disability Benefits: According to New Jersey State Workers’ Compensation rules, injured workers are not afforded temporary disability benefits unless they are directed to stay out of work more than seven days.
  • Computation of Temporary Disability Benefits: The rates for temporary disability are based on an average of the last twenty-six weeks of the injured worker’s gross earnings prior to the accident.   The weekly benefit will be seventy percent of that average.  Notwithstanding, there are maximum and minimum amounts based on the year of the accident.
  • Disputed Claims and Lost Wages: What happens when a workers’ compensation claim is disputed?  Or, if a non-authorized treating physician instructs the injured employee to stay out of work?  The State of New Jersey may afford you disability benefits under their State Disability Benefits  However, there are certain requirements that would suggest the need for an experienced workers’ compensation attorney.

Contact Us

Have questions about receiving temporary disability benefits for a work-related accident?  At the Law Offices of Anthony Carbone, we are dedicated to pursuing all benefits for our clients.  There is no charge to consult with us.  Our fees are court-ordered at the end of the case.  Contact us to see how we can help you with your workers’ compensation claim.

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