Wage replacement benefits

Injured workers who are unable to work as the result of their work-related injury may be entitled to wage replacement benefits including time-loss compensation (total temporary disability/ TTD), Loss of earning power (LEP), or Pension (total permanent disability/TPD).

Time-loss benefits

Time-loss benefits are set by state law and are paid at a rate of 60% of the gross wage**. An injured worker who is married before the injury is paid 65% of the gross wage, with an additional 2% of wages for each child, up to a maximum rate of 75%.

Wages include:                                                                                                                                                                 

• Hourly or salary base wages, reported tips, commissions.

• Regular consistent overtime hours paid at normal wage rate (An employee earning $20 an hour, working 50 hours a week, will have wages calculated at $20 an hour x 50 hours per week)

• The employer portion of healthcare benefits, room and board and/or housing benefits. An injured worker is not be entitled to the financial portion of these benefits until the employer terminates their contribution to them, however they should be listed on any orders from the department concerning wages.

The attending physician must certify that an injured worker is currently unable to work their job of injury, without restrictions,  due to the injury. The physician must list those restrictions and include objective medical findings (see below) to support those restrictions. Additionally, the injured worker must certify, typically on a Worker Status Form, they are not working, and are unable to work, as a result of the injury.

Loss of earning power benefits

You may be eligible for loss of earning power benefits if: Your earnings loss exceeds 5% of the wages you earned before you were injured. Your attending physician must certify that your loss of earning power is due to your work-related illness or injury. If your light duty work comes to an end while your claim is still open, you are entitled to time loss compensation.

Pension

In the event an injured worker is unable to return to work, and unable to benefit from vocational services due to the effects of the industrial injury, they may be entitled to a pension. Additionally, if an injured worker suffers from a catastrophic injury such as a loss of both legs, one leg and one arm, total loss of eyesight, or total paralysis, they may be entitled to a statutory pension regardless of the ability to work. Pension benefits are paid on a monthly basis and continue for the rest of the injured worker’s life.