Ridge & Downes - Law Firm

This FAQ section is provided as a general guideline to the rights and responsibilities of an employee who has been injured on the job. It does not, and cannot, contain all of the benefits and obligations pertaining to each specific case. Furthermore, it does not set forth the statute of limitations, nor the time limitations, of what you must do for proceeding with a workers ’ compensation claim. Each workers’ compensation case is unique and the law is frequently modified by the legislature and the courts.

This FAQ section is not intended as a replacement for the advice of an experienced attorney. In fact, if you have suffered an injury that is work related, you should consult an attorney knowledgeable on the law in your State for proper advice regarding the same.

Am I entitled to a settlement?

After the injured employee has recovered as far as medical treatment will permit and his or her period of TTD has ended, then the amount of Permanent Partial Disability (PPD), if any, can be assessed.  PPD benefits are paid to the injured worker as compensation for the complete or partial loss, or loss of use, of the part of the body injured or of the body as a whole. This “loss of use” is a legal and medical assessment of the level of disability suffered as a direct result of the workplace injury. In assessing the amount of benefits, Arbitrators consider the injured employee’s age, occupation, future earning capacity, evidence of disability corroborated by the treating medical records, and a written report of a medical doctor detailing the level of the injured worker’s permanent impairment based on the American Medical Association’s “Guides to the Evaluation of Permanent Impairment.”  Benefits are paid according to the percentage loss of use of the body or body part. The PPD rate is equal to 60% of your pre-injury average weekly wage, and like the TTD rate, is subject to statutory minimums and maximums.

 Permanent disability benefits can also be calculated through proof of actual loss of wage-earning capacity. Under the “wage differential” theory, a worker’s post-injury wage is compared to his/her pre-injury wage. The employer is then required to pay two-thirds of the difference. This is payable weekly until the worker turns 67 years of age or for 5 years, whichever is later.  The injured worker is not entitled to compensation for both the percentage loss of use and the wage loss he/she suffers. 

If you've been hurt in a workplace injury, let us help you get the settlement you deserve.


© 2010 by Ridge & Downes - All rights reserved.