Wage Benefits for Injured Workers
Experienced New Mexico Workers’ Compensation Attorney
Wage Benefits for Injured Workers – “Indemnity Benefits”
If you’ve been hurt at work and are unable to work while you recover, you want an experienced, knowledgeable and capable lawyer to help you pursue damages for all your losses. One of the benefits that an injured worker is entitled to is compensation while they are medically unable to return to work, either at all or on a full-time basis. These are called “indemnity benefits.” These benefits depend on the nature and severity of the injury and the workers’ ability to work – this can range from a matter of a few weeks to several months. Indemnity benefits include:
- Temporary Total Disability – paid to workers who temporarily cannot work at all due to an injury. TTD is paid at 2/3 of the workers’ average weekly wage of the last 26 weeks.
- Temporary Partial Disability – paid to workers who can work at reduced hours or at a reduced wage during a temporary disability period. TPD is paid at 2/3 of the difference between the regular and reduced wage up to the maximum comp rate.
- Permanent Partial Disability – paid to workers once they have reached Maximum Medical Improvement (“MMI”) as determined by their medical provider. Benefits are based on the workers’ impairment rating and other factors. If the total PPD rating is less than 80 percent, a whole-body injury may warrant payment for up to 500 weeks, including TTD and PPD. If the PPD rating is 80 percent or greater, benefits are paid for up to 700 weeks.
- Whole Body Impairment with or without Modifiers – when an injury affects the body as a whole, an Impairment Rating is made by a medical provider. Modifiers may impact the compensation rate paid for a whole body injury.
- Scheduled Injuries – these benefits are paid to workers who lose the use of a specific body part. They receive a percentage of the compensation rate. The number of weeks they can receive benefits depends on the body part they cannot use or have lost.
- Permanent Total Disability – these benefits are lifetime benefits at the weekly compensation rate. To qualify for these benefits, a worker must have a severe brain injury, or permanent and total loss of both hands, or both arms, or both feet, or both legs, or both eyes, or any two of those body parts.
Workers’ compensation claims can be complex, and the injuries can change a workers’ life and impact their family, their ability to pay basic bills. There are many potential pitfalls related to indemnity benefits claims for a worker who does not have an attorney to guide them, and each of those can deprive the worker of their rights without their knowing it. You want an attorney who has successfully helped others in similar circumstances. You want Buchanan Law.
At Buchanan Law, we offer more than a decade of experience handling workers’ compensation cases. A past personal injury victim herself, Attorney Buchanan can relate to the stress, anxiety and uncertainty you are experiencing. She knows how an injury can change everything. Attorney Lueker-Eaton has been handling workers’ compensation claims for over a decade and joined Buchanan Law to help injured workers. If your employer refuses to provide appropriate compensation under the Workers’ Compensation Act, the Buchanan Law team will file a complaint on your behalf with the New Mexico Workers’ Compensation Administration and guide you through the process. If you have a pending claim, it is not too late to get our help if you are not getting any of the benefits you deserve.
The Buchanan Law team bring extensive trial experience to the workers’ compensation practice. They help every step of the way, from the date you are injured up through resolution or trial of your matter. Though our principal office is in Albuquerque, we have meeting space in Santa Fe and will meet with you in person anywhere in New Mexico.
We take a unique approach to every claim, based on the specific details of your case, as well as your goals. We provide a free initial consultation to most individuals with a potential workers’ compensation claim. Call the offices of Buchanan Law at 505-900-3559 or contact us online to schedule an appointment.