When you or a family member has been injured at work then you need to know your rights according to workers’ compensation laws to receive income benefits or wage replacement for the results of the accident or illness. Some people may be able to return to work after a short time while others have a longer road to recovery. In some cases, a worker may be able to partially return to work but not at the capacity they could before the incident. Every individual has his or her own road for returning to good health based on their specific circumstances and that can change what benefits he or she is offered.
Temporary Income Benefits
Temporary Income Benefits, or “TIBs”, are wage replacement benefits that a worker receives after filing a workers’ compensation claim. If awarded by your employer’s insurance company, there are specific guidelines for calculating what you will be paid based on the extent of the injuries and any partial ability to work until fully recovered.
The following are some key points for understanding what to expect from any TIBs you are awarded:
- Injured workers will only be granted income benefits after their injury prevents them from working for at least seven days; wage replacement accrues on the 8th day of disability, which may not be consecutive days.
- Lost wages are determined based on a calculation of a worker’s average weekly wage over the 13 weeks prior to the date of injury. This amount is then compared to the amount that the worker is currently able to earn.
- Replacement wages will usually be 70% of the difference between a worker’s average weekly wage minus any wages he or she is able to earn while injured. In the case of a worker who is not able to work at all, the expected TIBs would be 70% of his or her weekly gross wages before the injury.
- Recovering workers can expect to receive TIBs until a point of “Maximum Medical Improvement” or “MMI”. This is determined either by a doctor or once 104 weeks have passed since the date that disability accrued.