Lost Wage Differential Payments in Workers' Compensation Cases
After an on-the-job injury, you have the right to seek workers’ compensation – but you can’t always rely on your employer or your employer’s workers’ compensation insurer to look out for your rights. One of the first priorities of any insurance company is to protect its own bottom line. When this goal conflicts with your need for medical care or other workers’ compensation, you may find yourself shortchanged, deprived of the benefits you deserve. Navigating our workers’ compensation laws and rules can make the process even more difficult. At Kocian Law Group, our experienced workers’ compensation attorneys are dedicated to leveling the playing field. We fight on behalf of each of our clients to ensure workers are well-informed, well-directed, and well-represented.
Whether you’ve just been injured or have been fighting for workers’ compensation coverage for some time, the Kocian Law Group can help. We offer our clients access to attorneys with experience at every stage of the workers’ compensation process, honed over years of handling workers’ compensation cases.
We can help you with tasks like:
- Speaking to the insurance company on your behalf,
- Advocating on your behalf when your payments are late or you are denied treatment,
- Preventing you from being shortchanged when it comes to benefits,
- Ensuring you receive all the benefits to which you are entitled,
- Ensuring all your injuries are fully and fairly compensated,
- Fighting on your behalf in court – even in an emergency.
The Kocian Law Group provides legal services with no up-front costs and no charge for your initial consultation.
“Light Duty” Work and Making Up the Difference
In many cases, a physician may recommend that an injured worker return to “light duty” work. Light duty gives a worker the chance to get back to work while providing the space they need to heal fully. In many jobs, “light duty” work can be paid at the worker’s usual wage or salary.
For some workers, however, light duty work directly related to the employee’s usual job is just not available. Instead, employers may offer light-duty work in a different context, but pay lower wages or reduce the worker’s hours. When compensation is cut, Kocian Law Group attorneys can ensure the injured worker receives the wage differential payments to which he or she is entitled. Workers who are paid less on light-duty work are often eligible to receive a percentage of the difference between their usual earnings and their light-duty earnings.
Because light-duty wage loss differential payments are not a well-known benefit, many injured workers do not know they are entitled to wage loss differential payments. They work light duty, at reduced pay, and never claim their rightful benefits because they don’t know that they can. Kocian Law Group attorneys will guide you through this process and help you properly claim your rightful benefits.
What If I Can’t Work At All?
In some unfortunate cases, injured workers are never able to return to their former work due to permanent restrictions. If the employer cannot accommodate the worker’s permanent restrictions, the injured worker must either find new work or remain unemployed indefinitely. In either case, the injured worker may request a hearing to establish his or her right to wage loss differential payments. Additionally, the injured worker can also seek job re-training from the Bureau of Workers’ Rehabilitation, which may also reimburse vocational tuition for job re-training. To schedule a free initial consultation to discuss your eligibility for wage loss payments, contact the Kocian Law Group.