Am I Entitled to Wage Reimbursement if I Can’t Perform My Job Duties?

Buffalo Workers Compensation Lawyer Jerry A. Gambino discusses wage reimbursement and if you are entitled to receive it if you are no longer able to return to your previous employment.

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  • Workers’ compensation pays a percentage of an injured person’s wages, while some employers – often public employers – provide full wages for employees injured at work.
  • If you’re not working for one of those employers when you are injured – and are totally disabled from all work – you’re entitled to two-thirds of your average weekly wage.
  • When you’re no longer totally disabled, but still cannot perform your regular duties, you’re considered partially disabled and the carrier can reduce your benefits to a partial rate.
  • When workers’ comp is reduced to a partial rate, I advise individuals to consider applying for unemployment because employees who are ready, willing, and able to work but cannot be accommodated by their employers may collect partial workers’ comp along with unemployment.

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