Our clients often ask us, “how long can I stay on workers’ comp?” Unfortunately, there is no simple answer to this question. There are several types of workers’ compensation benefits, each with individual protocols and restrictions, and benefit timelines can vary vastly between cases. The best way to determine your benefit eligibility and compensation schedule is to consult an experienced workers’ compensation attorney. Every case is different, but we compiled a list of general workers’ comp benefits and guidelines to provide you with an overview of how the compensation system operates.
Your employer’s workers’ compensation insurance company is liable to pay for all reasonable and medically necessary costs associated with the medical treatment of your work-related injury, including (but not limited to) physician/emergency services, pharmaceuticals, and mileage. You may receive compensation for these associated costs throughout the duration of treatment for your work injury.
Temporary Total Disability
Temporary Total Disability benefits are for employees who cannot return to work due to an injury at work. Compensation is generally calculated as two-thirds of the employee’s average weekly wage (subject to minimum and maximum benefit rates) and may continue for as long as the employee is out of work due to an injury.
Temporary Partial Disability
Temporary Partial Disability benefits are for employees who can return to work but are subject to limited hours, responsibilities, or pay due to a work-related injury. Compensation for these benefits will generally continue until the employee is released to return to work full-duty, reaches Maximum Medical Improvement (MMI), or is released from injury-related care by their physician.
Permanent Partial or Total Disability
Permanent Partial or Total Disability benefits are issued when an employee suffers the permanent loss of either body parts or the body as a whole. Compensation for permanent disability is calculated based on loss of body use or loss of earning capacity. Compensation amounts and payment timelines vary depending on the facts of the claim.
Vocational Rehabilitation Benefits
Vocational Rehabilitation Benefits, also known as Return-to-Work Services, are benefits intended to assist injured employees with re-entry into the workforce. These benefits may include a formal training plan or job placement services. Your vocational rehab specialist will develop an individualized plan, and you may be eligible to receive indemnity benefits while participating in the vocational rehabilitation plan.
For short answers to other frequently asked questions, visit the Nebraska Workers’ Compensation Court website. However, we always recommend consulting an experienced workers’ compensation attorney to discuss for which benefits you are eligible and may receive compensation. To learn more about Dyer Law’s approach to workers’ compensation, visit https://dyer.law/practice-areas/workers-compensation/ or call (402) 393-7529 for your free consultation.