Getting temporary disability benefits when you suffer an injury at work may be a difficult process initially. This means you may face a period where you cannot perform your job duties while you recover. In Oklahoma, temporary disability benefits are available to workers who find themselves in this situation. These benefits serve as a vital lifeline, aiming to provide financial relief during the time you are medically unable to work. Temporary disability benefits aim to provide a sense of stability and security, allowing injured workers to recover from their injuries without the additional stress of financial strain. For other important legal information, check out our Tulsa County Lawyers Blog here.
Eligibility for Temporary Disability
To be eligible for temporary disability benefits in Oklahoma, you need to meet specific criteria. First, your injury must occur during the course of employment. This means the injury happened while you were doing your job or performing tasks related to your job. Additionally, the injury must be severe enough to prevent you from performing your usual work duties.
Types of Temporary Disability Benefits
Oklahoma offers two types of temporary disability benefits: Temporary Total Disability (TTD) and Temporary Partial Disability (TPD).
Temporary Total Disability (TTD)
TTD benefits are for workers who are completely unable to work because of their injury. These benefits aim to replace a portion of your regular wages while you recover. The amount you receive is typically 70% of your average weekly wage, but there is a maximum limit put in place by the state annually. You can receive these benefits until you are able to return to work or until you reach maximum medical improvement, which means your condition is unlikely to improve further.
Temporary Partial Disability (TPD)
TPD benefits apply if you can still work, but your earning capacity lessens because of your injury. For example, you may be able to perform a less demanding job that pays less than your regular role. TPD benefits are calculated as 70% of the difference between your previous average weekly wage and what you earn in your new role. These benefits also continue until you can return to your usual work or reach maximum medical improvement.
Process for Claiming Benefits
Claiming temporary disability benefits involves several steps. After an injury, you should inform your employer as soon as possible. Oklahoma law requires that you report your injury within 30 days, but it’s best to do it immediately to avoid delays in your benefits.
Your employer should then report the injury to their workers’ compensation insurance. You might also need to see a doctor approved by your employer or their insurance. This doctor will assess your injury and determine your ability to work, which will influence the benefits you receive.
Receiving your Benefits
After approval of your claim, you will start receiving benefits. Payments for TTD and TPD are made every two weeks. These benefits are not taxed, which means you receive them in full according to the calculated rate.
Challenges You Might Face
Sometimes, receiving your rightful benefits is not straightforward. You might encounter issues such as delays in benefit payments, disputes over the severity of your injury, or disagreements about your work capacity. While these challenges can be frustrating, knowing the basic steps of the process helps you stay informed about your rights and what to expect. Additionally, your employer might unlawfully terminate you during your recovery. If this happens, it’s important to discuss your options with a workers compensation lawyer. They may want to open up a separate wrongful termination suit for you in the event of that happening.
Duration of Temporary Disability Benefits
The length of time you can receive temporary disability benefits depends on your recovery progress. If you recover and return to work, the benefits will stop. However, if you reach maximum medical improvement and still cannot work as before, you may need to consider other types of benefits, such as permanent disability.
Understanding your rights to temporary disability benefits in Oklahoma is crucial if you suffer from an injury at work. While the process may seem daunting, knowing what benefits are available, how to qualify, and what steps to take can ease the strain of recovery. Remember, these benefits are there to support you financially when you are unable to work because of a workplace injury.
Tulsa Workers Comp Attorneys You Can Count On
Temporary disability benefits are an important safety net for workers in Oklahoma. Remember, the goal of these benefits is to help you maintain financial stability while you recover from a work-related injury. A work injury lawyer in Tulsa County can guide you through claiming your disability benefits effectively. For meaningful guidance, Contact Tulsa County Lawyers Group by calling (918) 379-4864 or contacting us online for a consultation with an attorney.
