How to Claim Lost Wages After a Work Injury: Temporary vs. Permanent Disability
Suffering an injury on the job can flip your life upside down. One minute, you’re earning a steady paycheck, and the next, you’re staring at medical bills with no income to cover them. Whether your injury heals quickly or leads to lasting limitations, understanding how to claim compensation for lost wages is crucial to protecting your financial stability. Taking the right legal steps after a job-related health issue can make all the difference in getting the support you need. Temporary and permanent disability benefits are designed to support you during recovery, or for the long haul. But figuring out what to claim, when, and how much you’re owed isn’t always straightforward.
Understanding Lost Wages After a Work Injury
Work-related injuries don’t just cause pain, they often leave workers unable to return to their job, either temporarily or permanently. That’s where wage replacement through workers’ compensation comes in.
Workers’ comp laws require employers to carry insurance that helps cover your medical expenses and part of your lost income. But depending on the nature and severity of your injury, your wage replacement will fall under either temporary or permanent disability.
Let’s break down the difference and help you determine which one applies to your situation.
What Is Temporary Disability?
Temporary disability benefits kick in when your injury prevents you from doing your job for a limited period but is expected to improve with treatment.
1. Temporary Total Disability (TTD)
This applies when you can’t work at all for a period of time. You may receive about two-thirds of your average weekly wage (subject to state limits) while you recover.
2. Temporary Partial Disability (TPD)
If you can return to work in a limited capacity – perhaps with fewer hours or lighter duties – you may receive partial benefits to cover the wage difference between your current and pre-injury earnings.
Fun fact: In some states, there’s a cap on how long you can receive temporary disability, often around 104 weeks within a five-year period, though this varies.
What About Permanent Disability?
When a doctor determines that your condition has “stabilized” and is unlikely to improve significantly, you’ll receive a permanent disability rating. This doesn’t necessarily mean you’re totally unable to work, it just means your injury has lasting effects.
1. Permanent Partial Disability (PPD)
If you can still work but not in the same capacity as before, maybe you can’t lift heavy objects or stand for long periods, you may receive compensation based on your rating, age, occupation, and earning capacity.
2. Permanent Total Disability (PTD)
This is awarded in severe cases when you’re no longer able to work in any capacity. These benefits may continue for life, depending on your state’s laws.
Permanent disability compensation is typically paid in weekly installments or lump-sum settlements, and calculations can get complicated quickly. That’s where professional help makes a big difference.
What You Should Claim – and When
The first step is to get medical treatment and follow all care instructions. From there, your doctor will evaluate your recovery and decide whether your condition is temporary or permanent.
If you’re still healing and expected to return to work, temporary disability is your best path. But if you’ve reached maximum medical improvement (MMI) and still have lasting impairments, it’s time to consider permanent disability.
It’s worth noting that you can receive both types- first temporary, and later permanent – if your condition evolves that way.
Why You Need a Workers’ Compensation Lawyer
The process of claiming lost wages after an injury may seem simple at first, but delays, denials, and underpayments are all too common. That’s why having a workers’ compensation lawyer on your side can make all the difference.
A skilled attorney can:
- Ensure your disability rating accurately reflects your condition
- Challenge unfair benefit reductions
- Secure fair weekly payments or negotiate a lump sum
- Help you avoid paperwork mistakes that delay your benefits
Attorneys who specialize in workers’ comp understand how insurance companies operate – and how to push back when your rights aren’t being respected. The location of the office can be easily viewed on the map below:
Don’t Let Lost Wages Cost You Your Peace of Mind
Whether you’re sidelined for a few weeks or adjusting to a new way of life, workers’ comp benefits are there to provide a safety net. The key is knowing which type of disability applies to your situation and how to claim what you’re owed.
Injuries can be unpredictable, but with the right knowledge and legal support, your income doesn’t have to be. A workers’ compensation lawyer can help you get back on stable ground while you focus on healing and moving forward.
