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Work Restrictions, Light Duty and Wage Benefits

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A work injury may leave you completely unable to go to work, or in other cases it may leave you with certain restrictions but with the ability to do some kind of work, such as light-duty work.

If your work injury makes it impossible for you to continue to do your job, you should be eligible for temporary total disability payments or TTD. These benefits are in the form of checks, which cover 2/3 of your wages while you are unable to work. However, if your employer is able to find you other work that you are capable of doing, you must continue to work in order to keep your wage benefits. If you earn less in your modified duties, you are entitled to compensation based on the difference in wages.

Your physical limitations should be determined by your doctor, who will prescribe certain work restrictions. It's up to your employer to find you work within those restrictions. If your regular job duties include heavy lifting, your doctor may state that you are restricted from lifting anything more than 10 lbs. Your employer cannot require you to work outside of the limits placed on you by your doctor.

If you feel that the work your employer has assigned is too much or if it causes you pain, etc., get your doctor involved and speak with your attorney about your concerns. If you refuse the work flat out, without a medical opinion to back you up, you could jeopardize your benefits. Ultimately, it is the opinion of your treating doctor that counts.

Calculating your TTD benefits can be tricky. The TTD benefit amount is defined as 2/3 of your €average weekly wage€ for the 52 weeks prior to your injury. For some people, the calculation might be simple, but if you work overtime or if your wages fluctuate, it is important to have an experienced lawyer calculate what your benefits should be. Do not rely on the insurance company to tell you what your benefits should be.

This is just an overview of these issues. There are many more details and unique situations that come up. The best advice will come from your attorney. Use caution when speaking with the insurance company, as their advice often has a hidden motive, which is to save them money. Better yet, avoid speaking with the insurance company altogether and let your attorney handle it instead.
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