Temporary Disability Wage Benefits

An injured worker is paid at the Worker's Temporary Disability Rate which is set by reference to the Charts set each year by the Department of Labor.  The rate is capped at a low and high point for each year and is based on 70% of the average wage earned by the injured worker in the 26 week period preceding the accident.   A worker must be out of work for over seven days before the benefits are triggered. 

Many times an Employee is paid "Under the Table" in cash alone or in part cash payments, this has the affect of reducing the employee's Temporary Disability Rate.  However, our firm has successfully argued to raise the rate based on the cash payments made to the injured worker.  This results in a substantial increase in not only Temporary Disability Benefits but also Permanency Benefits as these are also based on the injured worker's Temporary Disability Rate.  If an injured Worker does not earn above the 180 Week Rate in the Charts which is 47 % of the maximum Temporary Disability Rate the worker may receive reduced permanency benefits depending on the amount of the Permanency Award.  

Call today

Steven P. Lombardi, Esq 

973-921-2860