Work injuries often cause the employee to miss time from work. Part of the Nebraska Workers’ Compensation Act entitles the injured employee to compensation for time that was missed from work as a result of their accident. In many cases, the employee is determined medically unable to return to work for a period of time, known as temporary total disability. But what if you are able to return to work, but are placed on light duty? What if you can only return to work part-time while you are healing from your injuries? In these situations, the injured employee would be entitled to temporary partial disability benefits.
What does it mean to be “partially” disabled?
Partial disability occurs when a worker is allowed to return to work, but placed under restrictions. These restrictions can be time restrictions or workload restrictions. In order to be placed on partial disability, the injured worker needs to have proper documentation from their treating physician, and this documentation must be provided to the insurance company or employer.
How is partial disability calculated?
When partial disability results in a difference in wages, the employee can recover 66% of the difference between what their average weekly wage was and what they are earning while partially disabled. Calculating rates for workers’ compensation can be difficult, as there are some exceptions to the rules.
In partial disability, if a worker was earning $1000 per week working full-time, but due to partial disability, they were restricted to twenty hours per week, earning them $500 per week, they would be able to recover 66% of $500 (the difference between what they were earning previously and what they are earning while disabled) for a total due of $333.33.
Employers and insurance companies sometimes delay or deny payment of temporary partial disability payments. There are tricks to speeding up the recovery of these benefits and verifying you are properly paid. Attorney Jeffrey F. Putnam can help you with your Nebraska workers’ compensation claim. Don’t trust the insurance company to calculate the right amount of weekly benefits for you. Our experience and our compassion for injured workers in Nebraska make Putnam Law a cut above the rest. Call today to schedule a consultation to review your Nebraska workers’ compensation case.
