The world’s on fire right now and food and gas prices are going through the roof. I’ve been out of work due to a workplace injury for two years now and I’m still receiving the same amount of comp each week. Is there anything I can do about that?
Yes. When an injured worker is out of work drawing weekly wage loss benefits, otherwise known as ‘temporary total disability’ (TTD) benefits, annual COLA increases are available. The new rates take effect every October 1st and are available to injured workers receiving TTD benefits once they file a request for COLA and attach a statement from the Social Security Administration confirming their disability status with that agency. If the injured workers are not receiving SSDI benefits, they are automatically entitled to a cost-of-living adjustment. If they are receiving SSDI benefits, they are only entitled to COLA supplements if their combined TTD and SSDI payments do not equal or exceed 80% of their average monthly earnings prior to the date their disability began.
Note that for the year in which workplace accidents occur, COLA supplements are only available for accidents occurring before July 1 of that year.
Finally, COLA is not available for wage differential benefits when the injured worker returns to work drawing wage loss compensation because of a reduction in earnings (i.e., temporary partial disability (TPD) benefits).