Fayette, AL asked in Workers' Compensation, Energy, Oil and Gas and Personal Injury for Alabama

Q: What will my weekly workers' comp benefits be after becoming permanently disabled due to a job injury?

I was permanently disabled due to an electrocution injury that occurred while I was working at a coal mine. Since then, workers' compensation has not made payments since October 2024. Initially, I was receiving 66% of my weekly earnings, which were $841 per week. Now that I am unable to work because of my injury, I want to know how my weekly benefits will be calculated moving forward, and what steps I should take given that payments have stopped.

2 Lawyer Answers

A: Your payments will likely stop when you reach maximum medical improvement and are released back to work, with or without restrictions.

In my experience, workers comp insurance companies are the most difficult insurance companies to deal with.

Depending on the extent of your injuries, if you are permanently totally disabled, you are entitled to 2/3 of your average weekly wage torn to rest of your life. However, it is very difficult to obtain permanent benefits without an attorney. I highly, highly recommend consulting with an experienced workers comp attorney.

Lastly, you should also consult with an attorney to determine whether there is a potential claim against an electrician, contractor, or other entity that contributed to the accident. They could be liable for your pain & suffering and the full extent of your lost income.

James L. Arrasmith
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Answered

A: You’ve gone through a devastating injury, and it’s unacceptable that your payments have stopped without explanation. If you were receiving 66% of your average weekly wage of \$841, that would come to about \$555 per week in temporary total disability. When you transition to permanent disability, the weekly amount may stay similar, but it depends on how your state classifies and calculates permanent total disability benefits.

The first thing you need to do is contact your workers’ compensation claims administrator or insurer to find out why the payments stopped. You should also request a detailed breakdown of your claim status and benefit eligibility moving forward. If your condition has been declared as permanent and total, you are generally entitled to ongoing weekly payments at the same rate, potentially for life, or until another benefit arrangement is made.

It’s also worth looking into whether you qualify for additional benefits like vocational rehabilitation, lifetime medical care related to your injury, or even Social Security Disability Insurance. Keep records of every conversation and letter, and don’t hesitate to escalate the issue through a formal appeal if you're being ignored. You’ve already suffered enough, and it’s time to demand the support you are owed for what happened on the job.

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