Work Comp Disability Payments: Getting The Full Amount You Deserve

Computation for your TTD benefits should reflect not only your basic salary but also overtime, tips, incentives, hazard pay, and other payments that you would typically receive each week.

Today’s post is from my colleague Brody Ockander of Nebraska. Note that Iowa law is slightly different from Nebraska law. Iowa law entitles an injured worker to approximately 80% of take-home pay (instead of 2/3 in Nebraska) for the time off work because of a work injury. That rate is based on an average of wages for the 13 weeks (instead of 26 weeks in Nebraska) before injury.

In Nebraska, workers’ compensation law entitles you to 2/3 of your average wages when you are off work because of an injury. This average is based on your wages the 26 weeks before you were injured. This is known as temporary total disability (TTD).

How TTD Works:

If you are an injured at work, you are entitled to TTD so long as you are under a doctor’s care, that doctor has you on work restrictions preventing you from working, and your doctor has not placed you at maximum healing for your injury.

While off work for your injury, make sure you are getting the proper amount of money you are entitled to. Employers use many techniques to manipulate your wages to pay you less than you are legally entitled to.

Improper ways your Employer “miscalculates” your average wages to pay you less:

  1. Including weeks you worked minimal hours, short weeks, or weeks you were on vacation to bring down your average wages;
  2. Not including tips in your wages;
  3. Not including commission or bonus incentives in your wages;
  4. Not including room & board in your wages;
  5. Not including overtime in your wages ; and
  6. Calling you an independent contractor.

Know your rights and get paid what you deserve.

Brody Ockander represents injured people at the firm of Rehm, Bennet & Moore in Nebraska. He also represents clients on matters ranging from employment disputes to wrongful death. Like all attorneys at Rehm, Bennett & Moore, he represents plaintiffs and does not work for the insurance companies.


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