If you have a workers’ compensation claim which is open and you are drawing weekly checks — either temporary total disability if you are completely out of work or temporary partial disability if you are able to work but making less money than before — you should continue to draw your weekly checks without any interruption. The only thing that changes is that you are no longer considered under a temporary disability and now you are under a permanent disability. Other than a change in the notation on your check stub there shouldn’t be a difference.
Under our workers’ compensation laws there will be an assumption that you have elected to take a permanent workers’ compensation award in the form of ongoing checks for temporary total disability or temporary partial as opposed to checks for a permanent partial impairment. Sound confusing? This is a good time to take advantage of that free consultation with a workers’ compensation attorney! This is the kind of situation which we can explain pretty easily with just a few facts about your case. With that information in hand we can make recommendations about which way you ought to go with your workers’ compensation claim and whether or not you need a workers’ compensation lawyer. Many people do not!