Disability Under Workers Compensation sometimes allows you to work on the side. Many times people who are receiving temporary total disability payments still need more income to survive.  As a result, they may pick up random and sporadic work during the recovery time to help pay bills.  In a 2001 decision, the Oklahoma courts held that a person who works sporadically during their recovery time is still eligible for their total disability under workers compensation.  This article will explain temporary and permanent total disability and what it means for you.

Total Disability

Temporary

Temporary total disability does not have a specific definition in Oklahoma statutes.  So, the definition is an amalgam of case law and broad interpretations.  It essentially comes out as:  on the job injuries that prevent you from any alternative work an employer can provide you.  The compensation under Title 85A §45(A)(1) allows you to receive up to 70% of your average weekly wage for a period of no longer than two years.  In more extreme cases the court may extend this time period, but it is not common.

Permanent

Permanent total disability however does have specific provisions under the law.  Any form of debilitating occupational disease, loss of vision, limbs, or life is a permanent total disability.  The compensation for permanent total disabilities is different than temporary benefits.  Under Title 85A §45(D)(1) you may receive up to 70% of your weekly wages.  However, you can claim these for 15 years or until you reach the maximum age of retirement—whichever is shorter.  But, if you are receiving payments due to an on-the-job death of a spouse or parent, then you may receive the maximum weekly wages and benefits for 6 months.

SEE MORE INFORMATION ABOUT FILING WORKERS COMP CLAIMS HERE.

Wagoner Workers Comp Attorneys

It is a good decision to hire legal counsel to assist you in filing the appropriate paperwork for your claims.  This will ensure that you meet the proper deadlines and get the benefits you need to recover from the injuries.  Our work injury attorneys offer a free consultation for clients seeking Disability Under Workers Compensation.