Will My Personal Injury Claim Cover Time Off Work?
Posted on September 20, 2021 in Personal Injury Claim Process
If you or somebody you care about has sustained an injury caused by the careless or negligent actions of someone else, you should be able to recover various types of compensation. However, what happens if you cannot work after you sustain an injury? Will you be able to secure compensation so you can take time off of work and not have to worry about how you will pay your bills? Here, we want to discuss how a personal injury settlement or lawsuit helps you supplement your income after sustaining an injury.
Days Away From Work Means Lost Income
Injuries occur all the time, but not all of them result in a person having to miss work. According to data available from the Bureau of Labor Statistics (BLS), we can see that there were 2.8 million non-fatal workplace injuries or illnesses across the country during the latest reporting year. However, not all these individuals missed workdays. The BLS says that 888,220 non-fatal injuries and illnesses led to workers missing at least one day of work.
There were plenty of injuries that affected workers for long periods of time. Anytime an individual has to take multiple days, weeks, or even months off of work, this can significantly impact their ability to support themselves or their families.
Oregon Workers’ Compensation Benefits
When we look at information available from the Oregon government, we can see that it is certainly possible for injured workers to receive compensation for their time away from work. In order for an injured employee to receive payments for time lost from work, health care providers have to notify the insurers about the employee’s inability to work.
After the initial injury occurs, injured workers will not receive payment for the first three calendar days they are unable to work unless they are totally disabled for at least 14 consecutive calendar days or are admitted to the hospital into inpatient care within 14 days from the initial onset of total disability.
If a worker is not able to work for more than three calendar days, then they will receive a workers’ compensation check every two weeks during their recovery period, so long as health care providers verify the individual’s inability to work. These checks will continue to come until the worker returns to their job or is considered medically stationary.
Individuals will be able to receive two-thirds of their average weekly wage at the time of the injury, up to a maximum amount set by Oregon law. The insurer will average the injured worker’s earnings for up to 52 weeks before their injury or disability.
For example, if a person’s average weekly wage is $800, then they would receive a weekly wage of $533.36 from workers’ compensation ($800 x .6667).
Currently, the maximum amount of money a person can receive through workers’ compensation benefits is $1,389.05 per week.
Supplemental Income if You Return to Less Money
If an individual is able to return to work but not in the same capacity, it could be the case that they are only able to work a job that pays less money temporarily. In this situation, individuals will be able to receive partial compensation to make up for the difference between what they were earning before their injury and what they are currently earning in the temp position.