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What are your rights to rights to lost income benefits?

Temporary Total Disability

This is the benefit meant to compensate you when you are unable to work because of your injury. You will be paid 2/3 of your average weekly wage. If your doctor has you on a "no work" status, then you should be paid this benefit automatically. If you are on "light duty" restrictions, then your employer has to either accomodate your restrictions or pay you Temporary Total Disability if they do not have work for you. However, there is a "waiting period", and you will not be paid unless you have at least 7 days of lost time. If you miss 21 days of work, you will also get paid for the first 7 days.

Temporary Parital Disability

Sometimes an injured worker will return to "light duty" work, but they are not making as much money as they did before the accident. In that case, the workers' comp insurance owes you 2/3 of the difference. This often happens when you return to work but you are not getting as many hours, or your are being paid a lower hourly rate for light duty.


When you have lost time because of your workplace accident, you are entitled to draw a weekly check to compensate you for your lost wages. The amount of the check is based on your income.

The amount of money that you are entiteld to draw is determined by your income. You are entitled to receive two-thirds of your average wage while you are unable to work. Your average wage is calculated based on your gross income for the 13 weeks prior to your accident. This includes money for overtime.

It is not uncommon for the workers' compensation company to miscalcutate to underpay you because they miscalculated your wages. Make sure to double check that you are being paid the correct amount.

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