When you are injured at work as a doctor determined that you are unable to perform your job duties and responsibilities you are entitled to temporary disability benefits. You are paid a straight rate of 70% of your weekly wage. You are not entitled to receive a percentage of overtime pay. If you are paid by the hour you receive 70% of your 40 hour wage. If you are a salary worker you receive 70% of your salary rate up to a statutory maximum for 2015 of approximately $855. Every year this figure changes based on a statutory scheme.
If, however, that Dr. Europe order sent you to indicate that you can work light duty you will be required to return to work and perform the “accommodation quote of light duty by your employer and be paid your regular rate. If your employer does not have the ability to provide a “light duty accommodation” which has been recommended by the doctor then you do not need to return to work and will be paid your temporary disability rate.
If on the other hand a light duty recommendation is made, and your employer has that ability to provide the light-duty a combination, and you do not return to work then you can be fired immediately for your failure to comply with the doctor’s recommendation. If and when you are fired they will then terminate your medical treatment as well.
These are sophisticated legal issues and my office can help you address any of these questions at any time. Please call our 800-number to schedule an appointment at your first opportunity to address these concerns in order to maintain your appointment and Worker’s Compensation benefits.
In addition, your Worker’s Compensation disability benefits are not a taxable income for your federal income taxed and or state income tax purposes.
Please take note that once you’re doctor declares that you have reached “maximum medical improvement” then you will no longer receive your temporary disability payments from the Worker’s Compensation carrier. When the doctor the declares you “MMI “you will be required to return to work or risk losing the job.
Once that happens we will move onto the permanency aspect of your workers compensation case and your entitlement to future payments.