Even if you have pre-existing heart disease, you may still be eligible for workers’ compensation benefits if the medical evidence shows that your work was probably a factor in your heart attack. Important: there is an important difference in the law between “what is possible” and “what is probable” This often requires the assistance of medical experts.

“Job stress” heart attacks claims are rarely successful under current law.

Benefits will be paid to your children until age 18 or to 25 if a full-time student. If your child is physically or mentally incapacitated, than they receive benefits for the duration of the incapacity. If you leave no eligible spouse or child, the benefits can be paid to totally dependent parents, or perhaps to other survivors.

There is also a burial expense benefit equal to $8,000.00.

The amount of compensation you receive for permanent Wage Loss is equal to two-thirds of the difference between the average weekly wage you would be earning in your regular job and the amount you are actually able to earn after the accident, for life.

• A permanent medical condition which causes you to be
• Medically incapable of returning to any type of work, which
• Resulted from a job-related disease or injury.

The amount of PTD compensation you get depends on your average weekly wage [”AWW”] at the time of your injury.

If the Workers Compensation Commission judges you to be permanently and totally disabled, then for the rest of your life you will receive two-thirds of your AWW, tax-free, subject to a maximum cap fixed by state law. The maximum weekly total permanent disability benefit changes annually, so contact us for current maximum rate information.

In addition, if you are eligible for PTD you have the right to free medical care for the specific injury or condition for life.

Not all injuries and diseases result in permanent partial disability. In general, you are only eligible for PPD benefits after your condition will not improve any more.

The amount of PPD compensation you might get depends on three things:

• Your average weekly wage (How much you were earning before the injury?)
• The degree of permanent impairment or disability (How bad is the damage?)
• The part of your body affected (What is damaged?)

If your employer disputes the extent of your injuries, the Workers Compensation Commission evaluates the degree of physical impairment and the effect of the disability on your life at arbitration. Factors that may be considered include your age, skill, occupation, training, inability to engage in certain kinds of work or activities, pain, stiffness or limitation of motion.

You are entitled to the Maintenance benefit while you search for a new job or participate in a vocational rehabilitation program.

Weekly Maintenance rates are equal to your TTD rate, tax-free.

Weekly TPD benefits EQUAL two-thirds of the difference between your regular full duty pay and your after-tax light duty pay, tax-free.

There is no time limit on the amount of time that you can collect TPD payments, provided a doctor excuses all your light duty.

Weekly TTD rates are equal to two-thirds of your average weekly wage during the 52 weeks preceding your accident, tax-free. The maximum amount of weekly TTD benefits changes annually. Contact your legal representative for current maximum rate information.

No TTD compensation is due for the first three working days lost, unless the lost time continues for 14 or more calendar days from the date of injury.

If your employer does not pay temporary total disability benefits within 14 days, and cannot justify the delay in payment, your employer may be required to pay a penalty.

If you are able to work light- or modified-duty, the law requires you to do so.

• Temporary Total Disability (TTD)
• Temporary Partial Disability (TPD)
• Maintenance Compensation