Workers’ Compensation: Total Disability
If you have been injured on the job and cannot
return to work, you are considered to be on
disability leave. A severe work-related injury or
illness can leave an employee incapable of
performing any task in their workplace at any level.
This is known as total disability. Depending on the
severity of the incident, the worker may be
temporarily totally disabled or permanently totally
disabled.
Temporary Total Disability
Temporary total disability (TTD) means that the
worker is totally unable to work for a definite
period of time but can return to their job upon
recovery. Injuries sustained to the eyes, feet,
ankles, hands, wrist, back, neck or any other part
of the body that prevents a person from working in
any capacity is considered total disability.
Permanent Total Disability
Permanent total disability occurs when a worker
suffers an injury that they will not recover from
and that prevents them from performing their job in
any capacity. Examples of permanent total disability
include:
- Total and permanent loss of sight in both
eyes
- Loss of both feet at or above the ankle
- Loss of both hands at or above the wrist
- Loss of one foot at or above the ankle and
loss of one hand at or above the wrist
- Permanent and complete paralysis of both
arms, both legs, or one arm and one leg
- Complete loss of hearing
During this time of disability, a worker and
their family are dependent upon workers’
compensation benefits to make ends meet.
Compensation for total disability is calculated
differently by each state. Typically it is some
fraction of the normal wage and is based upon the
worker’s take home pay. Generally, if the disabled
worker has dependants, the rate received will be
higher. To find out the exact amount per state, you
can contact your state labor department or workers’
compensation board or see our state by state
listing of workers’ compensation laws. Federal
employees who have no dependents generally receive
compensation at the rate of two-thirds of
pre-disability gross wages, tax-free; if the
employee has one or more dependants, compensation is
payable at the rate of three-fourths of
pre-disability gross wages, tax-free.
If you are being denied benefits or feel that you
are not receiving the full amount that you’re
entitled to, please contact a qualified workers’
compensation attorney. A workers’ compensation
lawyer can help you determine the amount that you
should receive for disability as well providing you
with strong legal advice. |