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Can I get workers’ compensation benefits if I can still work?

You should be eligible for temporary partial disability benefits if you can return to work – but only at a lighter duty, lesser-paying job.

If you cannot work at all, then you would be eligible for temporary total disability benefits. These benefits would cover roughly two-thirds of your average weekly wage (subject to a weekly cap that is set each year by law).

To calculate your “average weekly wage,” you must add up your gross earnings (or earnings before taxes) during the 52-week period before your injury occurred and divide that amount by 52.

If you receive temporary partial disability benefits, the amount would be equal to two-thirds of the difference between your average weekly wage before your injury and your average weekly wage after your injury.

It is important to note that temporary disability benefits are terminated when you return to regular work or after 500 weeks – unless you are deemed to have a total and permanent disability.

Posted in: Workers’ Compensation FAQs

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