Workers Comp & Lost Time/Lost Wages
Our Workers’ Compensation Lawyer Can Assist You. Serving clients in Portland, Multnomah, Clackamas, and Washington Counties
Oregon’s workers’ compensation laws allow eligible employees to recover compensation for wages they lost as a result of being unable to work due to their injuries. In order to recover such benefits, you will need to meet certain requirements (discussed in greater detail below).
The Law Offices of Scott M. Supperstein, P.C. can assist you if you need help understanding your rights to lost time/lost wages. Our Lake Oswego workers’ compensation attorney can also assist you if you believe you are entitled to these benefits but your claim was denied.
Eligibility for Lost Time Payments
Also known as temporary disability benefits, lost time payments are meant to supplement lost wages/income for those who suffered work-related injuries that prevent them from returning to work for a temporary period of time.
In order to be eligible for lost time payments, the following must be true:
- You suffered a work-related injury, illness, or condition
- Your injury, illness, or condition prevents you from returning to work
- You are unable to work for at least three consecutive days
- Your doctor recommends or authorizes you to take time off work
You must wait at least three consecutive days (calendar days, not business days) starting from the day you either could not complete your shift or could not work as a result of the work-related injury/condition before you are eligible for lost time/lost wages benefits. This is known as the “Three-Day Wait,” and it is often deducted from your first lost time payment. It may be possible to be reimbursed for these three days in some circumstances; talk to the Lake Oswego workers’ compensation attorney at our firm to learn more.
How Lost Time/Lost Wages Benefits Are Calculated
When you are injured at work or suffer an occupational illness/condition that prevents you from returning to work, you are eligible to receive lost time payments that amount to two thirds (or 66.7%) of your average weekly wage (AWW). Your AWW is calculated based on your pay on the date of injury (or the date of disability for occupational illness claims). Note that if you work two jobs, you will only receive lost time payments based on the AWW of the job where you were injured. However, you may be able to receive Supplemental Disability Benefits (SDB) if you work multiple jobs and your injuries prevent you from returning to work.
Modified Work & Lost Time Payments
In some cases, an employer may allow an injured employee to return to work in a modified capacity, also known as “light duty.” If this is case, you are still eligible to receive lost time payments, but they will be reduced based on the modified work/light duty wages you receive from your employer.
Additionally, if you must be away from work for four or more hours (including reasonable travel time) to attend a doctor’s appointment for your work-related injury, you may receive lost time payments for that time taken off work. You will generally not be able to receive such benefits for doctor’s visits that are less than four hours.
Contact The Law Offices of Scott M. Supperstein, P.C.
There are many complex issues that arise with lost time/lost wages payments. Your unique circumstances will determine everything from your eligibility to receive benefits to how much compensation you will receive to how long you will receive lost time payments. If you have questions or concerns about your specific situation, contact the Lake Oswego workers’ compensation attorney at The Law Offices of Scott M. Supperstein, P.C. for a free, confidential consultation.