Partial Disability Benefits

Section 35/Partial Disability

Employees who are able to work, but cannot perform their full duties and cannot earn their previous wages are considered partially disabled. Currently, partial disability pays sixty percent of the difference of what the employee is able to earn after being injured as opposed to the pre-injury "average weekly wage." The maximum weekly partial benefit cannot exceed seventy-five percent of the injured employee's weekly total disability benefit. The maximum period for collecting partial disability is five (5) years. If, however the injured employee collected temporary total disability prior to collecting partial, or at some point after collecting partial, the combined maximum for both sections 34 for temporary total disability and 35 for partial disability, is seven (7) years. This can be extended in those rare cases where the injury causes a seventy-five percent loss of function to an eye, hand, leg, foot, or arm or a permanent life threatening physical condition, or a permanent disabling occupational disease. In these cases, partial disability of up to ten (10) years is available.

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