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Understanding Indemnity Benefits Claims in Workers’ Compensation

 Indemnity Benefits Claims in Workers’ Compensation

If you suffer a work-related injury and must take time off to recover, you’ll likely receive indemnity benefits. Indemnity benefits are provided to those who suffer lost wages and are meant to compensate you for the pay you would have earned if you were able to work as usual. However, it is important to understand that these benefits are often just a percentage of what you were earning while working.When you file a workers’ compensation claim, it can be wise to seek the assistance of an attorney. They can answer any questions you may have and help you pursue all of the compensation you are entitled to. A lawyer can help you understand indemnity benefits and how they pertain to your particular workers’ compensation claim.

Indemnity benefits are part of the compensation a worker receives if their workers’ compensation claim is deemed valid and approved. It’s vital to keep in mind that these benefits typically only provide you with around 60 percent or 2/3 of the usual amount of pay you would have earned.

In California, you can collect indemnity benefits for up to two years or 104 weeks. After that time, you may no longer be able to receive such benefits. Even if you can continue receiving benefits, you’ll likely see the amount of compensation reduced.

You may be concerned that your injury could take longer to heal than the two years the state provides. However, there are other forms of compensation you can receive. If you are temporarily or permanently disabled, you could receive disability benefits.


Are There Different Indemnity Benefits for Different Injuries?

Depending on the severity of your injury, you may be entitled to different types of indemnity benefits. What you can recover will depend on whether your injury is permanent or temporary and whether it keeps you out of work entirely or you’re able to work in a part-time capacity.

Temporary Total Disability

Temporary total disability is provided to a worker who is entirely unable to work for a certain period but is expected to be able to work in the future. Temporary total disability benefits only cover workers who are unable to perform any work at all. If you can work part-time, you would not be eligible for this type of indemnity benefit.

Temporary Partial Disability

This type of benefit is different. Temporary partial disability is provided to those who are unable to work in a full-time capacity but can take on a part-time job or work their original job in a limited capacity. If you work in a limited fashion, you will be eligible to receive benefits for the hours that you are no longer able to work. 

Temporary partial disability benefits allow you to recover more financial help than just your part-time work paycheck, but your benefits will still only include a percentage of what you were previously earning.

Permanent Partial Disability

Permanent partial disability benefits will be provided if you will be able to work at some point in the future but will always live with a partial disability. To receive these benefits, your partial disability must make it so that you are unable to work in the capacity that you were before your injury.

Permanent Total Disability

Permanent total disability is reserved for those who will never be able to work again. A catastrophic work injury could cause this to happen. However, even if your accident renders you 100 percent disabled, you will still have a limit to the amount you can receive in indemnity benefits.

Rest assured that you will always be able to receive some sort of disability income if you are deemed permanently disabled. However, this compensation will be provided to you differently than through indemnity benefits. A lawyer can explain exactly what you’re entitled to and where to obtain it, and guide you through the process of seeking it.


How Can a Lawyer Help Me Seek Indemnity Benefits?

A lawyer can help in many ways. Unfortunately, recovering benefits from a workers’ compensation claim can often be difficult. You may think that your case is a simple one because you were injured at work. However, your employer and their insurance company could fight to have your compensation reduced. When this happens, having a lawyer on your side can be greatly beneficial. A workers’ compensation lawyer can:

Consult with Professionals and Seek Expert Opinions

If your claim is not accepted immediately, a lawyer can speak with professionals about your situation. Medical professionals would be especially helpful in this area, as their reports could be used to prove that your disability is either permanent or temporary as well as partial or total.

Explain Indemnity Benefits in the Context of Your Case

When it comes to recovering indemnity benefits, you may be surprised to find that you are only eligible for a percentage of what you were earning as an employee. However, you are still entitled to a certain amount of benefits, and a lawyer can fight for every penny you’re entitled to.

A workers’ compensation lawyer can explain how much you should be recovering and help you plan for the amount you’ll be receiving in the future. Understanding what you are entitled to can help you make educated financial decisions for yourself and your family.


Contact KJT Law Group Today for Help With Your Indemnity Benefits

At KJT Law Group, our workers’ compensation lawyers can help you understand indemnity benefits and ensure that you receive the compensation you deserve following an accident in the workplace. Do not wait on insurance companies or your employer to do the right thing. Instead, take the initiative and ensure that you know your rights, what you are owed, and how to obtain your compensation.

When you’re ready to go after your indemnity benefits in a workers’ compensation claim, contact our team online or call our office at (818) 507-8525.

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