What is a Work Disability Claim?

Last time we talked briefly about scheduled injuries and whole body injuries. Today, we will very briefly discuss when an injured worker may be entitled to a work disability claim.

An injured worker may be entitled to a work disability claim when their employer does not return the injured employee back to work earning at least 90% percent of the wages they were earning at the time of the injury. A work disability involves a two-prong test. The first prong looks at the employee’s loss of ability to perform work tasks that the employee performed in substantial and gainful employment during the five years prior to the injury. The second prong is based upon the difference between the wages that were earned at the time of the injury and the wages earned after the injury. Both prongs are stated as a percentage and then averaged to determine the amount of “work disability.”

Its important to know that if they employer does not return the employee back to work, the law will look to see if the employee made a good faith effort to find employment. If this situation arises in your case, will will discuss with you further about what constitutes a good faith effort.

If your case involves a work disability claim, we will have a evaluation performed by a vocational rehabilitation expert to assist you.