Hurt at Work and having problems getting your worker’s compensation money? One of the main issues we hear about from people who have been hurt at work is that they are having problems getting their workers’ compensation benefits in anything resembling a timely fashion.
In Alabama, those who hurt at work and have to miss time from work per the doctor’s orders-or where their employer cannot/will not make accommodations for them given the doctor’s restrictions, may be entitled to two types of temporary disability benefits. These benefits are called temporary total disability benefits (ttd) and temporary partial disability benefits (tpd).
Temporary total disability benefits (TTD) are the ones most people injured at work receive. Briefly, ttd benefits are those payable to the injured worker for the period of time the worker is unable to perform their job duties due to an on-the-job injury. Temporary total disability benefits are payable while the worker is recovering from their injury and unable to work at a rate of 2/3rds of the workers’ average weekly wage as calculated during the 52 week period immediately preceding their job injury.. Once the worker recovers as much as possible (maximum medical improvement), their right to ttd benefits stops and if they have sustained a permanent impairment as a result of their injury, they would then be entitled to permanent total or permanent partial disability benefits.
Temporary partial disability (TPD) benefits are those payable to those who were hurt at work who have been able to return to some work (either with their employer or with a new employer), but their wages are not as high as what they were making prior to their job injury. During the time of the workers’ recovery, they are entitled to 2/3rds of the difference in their average weekly wage before their job injury and what they are now making. Like ttd benefits, a workers’ right to tpd benefits ends once the worker has reached maximum medical improvement and the question is then whether they have incurred a permanent impairment.
In Alabama, ttd or tpd benefits are payable in the same interval as the employee received their paycheck, and while I do not like it-an employer or their workers compensation insurance carrier has 30 days in which to get an injured worker their benefits check.
Alabama Code §25-5-59 (b) states a 15% penalty is to be assessed against the defendant for failing to make payment within 30 days-but the insurance carrier isn’t going to tell you this.
It’s hard enough to live on only 2/3rds of your average weekly wage, but this is made worse when the insurance carrier refuses to pay you on time. If you have suffered a work and you are having problems getting your compensation checks on time, or if you just have questions about your right to Alabama Workers’ Compensation benefits, don’t hesitate to contact Powell and Denny and speak with one of the experienced workers compensation lawyers and schedule a free consultation. Appointments are available in person, or virtually through Zoom for your convenience from wherever you live.
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Offices in Birmingham, AL and Huntsville, AL
Alabama Workers’ Compensation Attorneys
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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.
Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry
+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Alabaster, Pelham, Trussville and towns and cities in between.
Hurt at Work and having problems getting your worker’s compensation money?