You qualify for workers’ compensation from the day you become employed with your company. As long as you otherwise qualify for workers’ compensation, you are covered from your very first day at work. If you are told you do not qualify for workers’ compensation because of the length of time you have been employed, you are being lied to. Discuss this with your attorney to determine how to proceed with your claim – when you are injured at work, you need to be proactive about seeking workers’ compensation. Do not allow yourself to miss the opportunity to file a claim for monetary compensation because you were misled about your rights as an employee.
Length of Employment Matters When Determining Temporary Full Disability Benefits
The only type of workers’ compensation benefits where the length of time you have been employed with your company has any bearing on your compensation amount is temporary full disability compensation. This type of payment covers the lost wages suffered by an employee whose injury completely prevents him or her from working for a short period of time. For example, an employee suffering from a broken leg might be deemed to be unable to work while he or she recovers because his or her job requires him or her to stand all day.
An individual who receives temporary full disability benefits receives 2/3 of his or her average weekly pay for the duration of the period he or she is out of work. For employees who have been with their companies for 52 weeks or longer, this figure is found by simply determining their average weekly pay over the course of the previous year. For employees who have not yet been with their companies for 52 weeks, another method must be used to determine an appropriate wage compensation amount.
There are two ways to handle this issue. If the company employs other individuals in the same or a substantially similar position to that of the injured employee, the injured employee may receive 2/3 of the average weekly pay amount that they received. If this cannot be done, an appropriate compensation amount may be determined by finding the employee’s gross pay from the company since he or she began and dividing this number by the number of weeks the employee had been on the job when the injury occurred.