If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. These are intended to be temporary and generally apply when the worker can only perform limited or part­time duties at a reduced income level. That is, when their wage earning capacity is lower. The employer or its insurer pays the covered employee compensation that equals 50% of the difference between the average weekly wage of the covered employee and the wage earning capacity of the covered employee in the same or other employment while temporarily partially disabled, subject to a maximum payment of 50% of the State average weekly wage.

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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