When Will My Benefits Begin And How Much Will They Be?

You should receive your full pay for the day your injury occurred, whether or not you were able to return to work after the accident. No compensation benefits for Temporary Total Disability or Temporary Partial Disability are paid until an injured or ill employee is off from work for more than three calendar days. Benefits begin on the fourth day of incapacity from work and if the employee remains incapacitated for seven or more calendar days, the three­day waiting period is eliminated and benefits are paid from the beginning of the employee`s incapacity.

In counting days of incapacity from work, all calendar days are counted, even if the employee was not scheduled to work during any or all of them. (The day of the injury itself does not count as a day of incapacity from work.)

Whenever an employee is unable to perform any job, he or she is eligible to receive Temporary Total (TT) Disability benefits equal to 75% of the employee`s after­tax average weekly wage (after federal and state taxes and FICA deductions) for the 52­week period prior to the injury or illness, subject to the legislated maximum and minimum.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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