A frequent issue many injured workers have is their weekly checks they receive through Workers’ Compensation being significantly less than their normal wages. The money a Claimant receives while off work and in their healing period is called Temporary Total Disability benefits. This is money designated to compensate employees for their inability to work.
Employers are only required to pay injured employees who suffer a complete incapacity to earn wages. This is usually injured employees who have been taken off of work by their treating physician. There are exceptions to this rule for injured employees who suffered certain injuries, remain in their hearing period, and have workplace restrictions their employer will not accommodate (offer light duty work). A qualified attorney such as the attorneys at the Law Office of Craig L. Cook will be able to advise as to whether they think you have a case for lost wages.
Wages are calculated based on 2/3 (66.6666%) of an injured employees’ average weekly wage. An average weekly wage is calculated based on the average income of an employee over the previous year. This number includes overtime hours and some benefits. Those employees who receive tips may also be able to claim said monies to increase their average weekly wage.
There is a cap on lost wages placed by the Arkansas State legislature. In 2023, the most an injured worker can receive for lost wages is $835 a week. This number changes every year. There is no cap for the amount of time an employer can be responsible for benefits.
If you feel that you are owed lost wages or TTD benefits and not receiving them following a workplace injury, please call the attorneys at the law office of Craig L. Cook to evaluate your case with a free consultation