Workers’ compensation benefits in Boca Raton reimburse injured employees for some of their losses, including medical expenses and lost wages. To be eligible for benefits, your employer must have workers’ compensation insurance, and you must have been hurt at work or as a result of an occupational incident. Depending on the nature and extent of an employee’s injuries, compensation may include payments for temporary total or partial disability, permanent total disability, and permanent impairment benefits.
Additional benefits may include mileage, vocational rehabilitation, or death and funeral expenses if a workplace injury is fatal. The Boca Raton workers’ compensation attorneys at Kogan & DiSalvo could explain which benefits an injured employee may be entitled to based on their injuries.
Workers’ Compensation and Future Needs
It is important to note that the injured party is responsible for paying any future needs. However, any future needs may be assessed prior to making an informed decision regarding a workers’ comp settlement. At Kogan & DiSalvo, we have experience settling workers’ compensation claims that ensure an injured employee’s current and future medical needs.
Workers’ Comp Payments and Unemployment Benefits
There is no prohibition in the state’s workers’ compensation laws to prevent an injured worker from claiming unemployment while collecting these benefits. However, if someone is entitled to unemployment, certain factors need to be assessed. The injured claimant’s attorneys should identify the cause of their termination if their employer fired them. This reasoning could impact their eligibility to collect unemployment compensation.
Additionally, if an injured worker is receiving temporary total disability workers compensation benefits, this means that a doctor determined that this person cannot perform any job because they are too severely injured. When someone is unable to work, this eliminates the possibility of receiving unemployment compensation. Having these benefits, while also collecting payments for total disability may be considered fraudulent.
However, if an employee is acquiring temporary partial disability, it is because they may be earning lower wages while on job restrictions. In this situation, an injured worker may still receive unemployment compensation. However, they may only collect the difference. For example, if an employee’s temporary partial disability rate is $500 per week and they receive $400 per week in unemployment, they would only be entitled to $100 from worker’s compensation.
How Workers’ Comp Relates to an Employee’s Income
The impact a Boca Raton employee’s wages have on their workers’ compensation depends on the type of benefits they are receiving. If the injured party is collecting temporary disability, these payments may include two-thirds of their average weekly waive before the injury, up to the legal maximum that is adjusted annually. These benefits may continue until the earliest of these three events:
- A doctor determines that a claimant can go back to work
- A physician establishes that a claimant’s condition may not improve, even with future medical treatment. This stage is called maximum medical improvement (MMI)
- An injured employee reached the maximum amount of time for temporary disability benefits
If the injured party is receiving permanent impairment benefits, they may receive weekly payments of 70% of their temporary total disability rage up to the legal maximum. However, this amount may be cut in half if they are earning at least as much as they did before the injury.
If the injured party is receiving permanent total disability payments, they may be able to receive the same rate as the temporary total disability benefits until they are 75 years old, or for the rest of their life if they do not qualify for social security payments. Certain severe injuries, such as amputation or severe brain trauma, is automatically considered to cause permanent total disability.
Speak with an Attorney to Discuss Boca Raton Workers’ Comp Benefits
The Kogan & DiSalvo workers’ compensation attorneys could help you collect the benefits you deserve. They could communicate with the insurance carrier, gather medical evidence that supports your claim, and negotiate a good settlement and represent you at a hearing. To learn more about workers’ compensation benefits in Boca Raton, call today.