Partial Disability refers to an injury that left you damaged or incapacitated to a certain extent for the remainder of your life. Each year, Oklahoma pays millions of dollars in Worker’s Compensation Court. Close to 20% of the Oklahoma workforce files in WC courts for compensation each year as well. For instance, $2.3M worth of payments in 2015 was for partial disability claims from Oklahoma workers. As you can see, this is a large industry and as a result, there is a lot of red-tape that legal counsel can navigate for you.
Disability Claims in the Workforce
Disability in Oklahoma is the “incapacity because of compensable injury to earn…substantially the same…wages the employee was receiving at the time [of the injury]”. To understand partial disability claims, we should first understand that there are two types of workforce disabilities: Partial and Total. Filing for each will come with its own criteria, but also its own compensations.
Temporary Partial Disability
Worker’s Compensation Act §46 defines the “temporary partial disability” under law. Temporary partial means that a worker cannot perform his current job. However, this inability is temporary and the worker should eventually be able to return to the position. An employer, in this case, may provide you with alternative work that you are capable of completing. You still have the option to collect compensation though, under §45(B). Compensation includes wages that reach up to 70% of your pre-injury earnings for up to a year (52-week period). However, you must accept alternative employment if your job offers it to you.
Permanent Partial Disability
Permanent partial disability, while similar to temporary partial, is not exactly the same. You may be able to perform alternative work. However, you will not be able to return to your original position or an equivalent one. This is true for when you are recovering and after reaching maximum improvement from the injury. The compensation can be up to $323 a week for up to 6.5 years (350 week period). Additionally, your employer may offer you a year’s worth of training for a different position.
OKC Workers Compensation Attorneys
After reading this article you will have a basic understanding of partial disability claims. However, there are still areas of red tape that need legal support. Deadlines, paperwork, and doctors’ appointments are all part of this process. If you’re going through the workers compensation process, our attorneys at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.