Calculating the Length of Disability Benefits
The length of time an injured worker can recover disability benefits depends on several factors. The main factor is the type of disability benefits the worker is eligible to receive. The four types of disability benefits include:- Temporary Partial Disability: Paid weekly at 66 2/3% of the difference between the average earnings prior to the accident and the amount which the worker will be able to earn during the period of disability.
- Temporary Total Disability: Calculated at 66 2/3% of the injured worker’s average weekly wage, not to exceed a maximum amount set by the law. The average weekly wage is based on gross wages (pay before taxes and other deductions).
- Permanent Partial Disability: Calculated at 66 2/3% of the worker’s average weekly earnings as of the date of the injury, not to exceed a maximum amount set by the law.
- Permanent Total Disability: Workers who are permanently and totally disabled may receive weekly payments for their lifetime, or a lump-sum settlement. The weekly payment is based upon 66 2/3% of average weekly earnings at the time of the injury, not to exceed a maximum amount set by law.
Filing a workers’ compensation claim can be complicated, particularly when you want to focus on recovering from your injuries. Our Kansas City and Topeka personal injury attorneys can take the process out of your hands. Call DiPasquale Moore at (816) 888-7500 to schedule a free consultation.