Indemnity Benefits are benefits paid to a worker who has been injured at work. These benefits vary but is mainly separated into two types which are: (a) Temporary Benefits, (b) Permanent Benefits.
These could either be Temporary Total Disability or Temporary Partial Disability.
Temporary Total Disability (TTD) is paid to the injured employee when he cannot work due to the injury suffered because he is recovering. The Temporary Partial Disability (TPD) is applied when the employee already partially recovered. They may be allowed to work part time. He is paid the hours for the day he is unable to work.
In Louisiana, the employers (usually through their insurance company) pay an employee under the TTD around 66.67% of the employee’s weekly wage and there is a maximum or minimum cap set by the Louisiana OWCA.
An employee who suffers due to work-related injury may be entitled to weekly/monthly indemnity benefits if the injury prevents the employee from returning to work for more than seven calendar days.
The two types of Permanent Benefits are: Permanent Total Disability (PTD) and Permanent Partial Disability (PPD). Other states may call it differently, but, essentially, they mean the same.
If the employee has fully recovered, the medical practitioner should evaluate if he is ready to work again. If the employee is permanently disabled, he can be entitled to PTD or PPD benefits. If he cannot continue his old job because of incapacity to do the duties the position requires, the company should accommodate the disabled employee and assign him a position he can do, taking into consideration the employee’s personal circumstances. If in case that he cannot do any position, he will be entitled to some form of compensation.
How to Claim Indemnity Benefits
The computation of the employee's indemnity benefit is based on these factors: (a) Employee's prior pay history, and (b) the Average Weekly Wage (AWW) earned by the employee.
The first installment of benefits payable for Temporary Total Disability (TTD), Permanent Total Disability (PTD) or death is due every 14th of the month. There shall be no compensation released for the first week after the injury occurs unless the disability from the injury continues for two more weeks or longer.
If the case is so catastrophic that there is an anatomical loss of eyes and/or limbs, the injured employee is entitled to receive $50,000 lump sum.
In case of the unfortunate event that the employee dies due to the work-related accident, the surviving spouse, if any, or the employee’s dependents are entitled to receive the indemnities that said employee is entitled to. If there are no dependents, each of the surviving parents of the employee will receive $75,000 once. The burial will be covered by the employer not exceeding the amount of $8,500.
Delivery of the Indemnity Check
Checks may be delivered through mail or direct deposit into the checking account of the employee. U.S. Mail or through direct deposit into the employee's checking account.
You are entitled to indemnity benefits. If in case you are having problems claiming it, or you have any concerns regarding the process, give us a call at 504-608-6776. We will be more than willing to serve you and provide you with the best lawyers in the field!