The law deals with disability in categories. When applying for disability coverage, you will apply for partial or full, and temporary or permanent disability.
There are specific rules governing temporary disability depending on whether your treating physician has placed you on total temporary disability or has released you back to work with work restrictions while you continue with your medical treatment.
- The amount of payments due to you if you are diagnosed as total temp disability will depend on what you were earning at the time of the work injury.
- The amount of Total Temporary disability paid to you is 70% of your average weekly wages and this will be paid to you while you are treating but not to exceed 151 weeks. The 150 week limitation may be extended by another 150 weeks, but requires a special hearing and is decided by the workers compensation judge presiding over your case. On the other hand if the injury in question is considered to be a soft tissue injury the maximum length of time you may collect total temporary disability will be greatly reduced.
Permanent Total disability:
- If the work injury is so severe that it has left you disabled for the remainder of your life you may be entitled to permanent disability payments. In the case of permanent total disability, after decided at trial by the workers compensation judge, you will be paid up to 70% of your average weekly earnings. This payment will continue while the disability continues or until you reach the age where you are entitled to collect 100% social security retirement.
Permanent Partial disability is awarded to the employee in those cases in which the quality of life as it relates to the injured body part is permanently effected by the work injury and any surgeries that may have been required done to that body part in an effort to reach maximum medical improvement. The amount paid is determined by the employees percentage disability to the body part, and which body part was injured. When your treating physician releases you the insurance company will have you rated to determine what the percentage of disability is. As your workers comp attorney I will also have you rated by one of the doctors we use. Somewhere between the insurance company doctors calculation and our doctors calculation of the percent permanent partial disability is what you will typically receive.
For a free case evaluation call or email our Oklahoma Work Injury Lawyers 918-742-3333