Your Workers' Compensation attorney can help you figure out that you can expect to receive in Workers' Compensation benefits. Every situation is unique, and your personal circumstances will apply. However, there are some basics that can help you get an idea of the amount of Workers' Compensation benefits you might receive.
Replacing a Portion of Your Income
Workers' Compensation does not replace all of your income. It can replace up to two-thirds of your average weekly wage. Your average weekly wage is based on what you have made over the last year. If you have not been with the same employer for a full year, it is calculated based on the amount of time you have been with your current employer.
Partial or Total Disability
The amount you receive each week will depend on whether you are deemed partially or totally disabled. Total disability means you can draw two-thirds of your weekly wage, for however long your disability lasts. It may be temporary or permanent.
Temporary disability only shortens the length of time which you may draw Workers' Compensation. It does not lessen the amount you receive each week.
Partial disability does lessen the amount you may receive each week. If you are able to work, but make less because of limitations caused by your injury, you can receive two-thirds of the difference between your old wage and your new, lower wage.
Total disability only kicks in after you have missed more than seven days of work. You must miss at least 21 days of work, due to your injury, in order to be paid for the first seven days you missed.