Partial Versus Total Disability Benefits From Workers’ Compensation
Your employer’s workers’ compensation policy will include terms and conditions for disability benefits the insurance carrier will pay to qualified injured workers. If an employee is unable to earn as much income as they did prior to their accident but can still perform light duty, the insurance company may pay them partial disability benefits. These benefits make up the difference in their earnings and can continue until they regain full earning capacity.
If you are awarded partial disability benefits, you will need to report your weekly income to the insurance carrier and keep them updated on your recovery progress. It is vital that you fully understand your reporting requirements so you do not inadvertently violate the terms of your benefits determination.
When an injured worker is unable to work at all after their accident, they may qualify for total disability benefits. These may be paid for up to 104 weeks or until the claimant is able to perform gainful job duties again. Each weekly payment will be about two-thirds of their usual weekly pay based on the year prior to their injury. For example, if a worker typically earns about $1,500 per week, they should receive about $1,000 in weekly disability benefits.
Pursuing Further Legal Recourse Against an At-Fault Driver
An experienced Desert Hot Springs work injury attorney can help maximize the benefits you receive from a successful workers’ compensation claim, but the benefits you receive may not fully cover all the damages you suffered in your recent accident. While workers’ compensation insurance typically prevents you from filing a civil suit against your employer, you likely have grounds for a third-party claim against the driver who hit you.
Whenever any party outside of your work inflicts an injury on you while you are performing your job duties, they become liable for the resulting damages that workers’ compensation benefits can’t cover. Your attorney can help gather the proof you need to hold them accountable, and once you have completed the workers’ compensation claim filing process, you can proceed with your legal recourse against the at-fault driver.
This phase of your recovery efforts will proceed very similarly to what you could expect after any other car accident. Every driver in the state must have auto insurance that meets basic coverage requirements, so your first option for recovering damages that workers’ compensation can’t cover is to file a claim against the at-fault driver’s auto insurance policy.
Your Desert Hot Springs work injury attorney can help file this claim and will make sure that the insurance carrier processes the claim in good faith. Once you receive your claim determination, your attorney can help assess whether you have any outstanding damages that you will need to claim through a personal injury suit.
Workers’ compensation may cover all your medical expenses after a work related accident, but it will only provide limited compensation for lost income. A subsequent auto insurance claim may cover some of these gaps and enhance your recovery, but it may not cover all the damages you suffered. When you choose English Lloyd & Armenta to represent you in your recovery efforts, we will help build a personal injury claim in this situation.