Are you on workers’ compensation in New Orleans? If so, you may be offered supplemental earnings benefits (SEBs). You may use this article to learn more about supplemental earnings benefits, how they work, and the method for obtaining these benefits.
Get legal help understanding the workers’ comp process by contacting the Morris Bart law firm today. Speak with a member of our team by calling (504) 613-4771. Allow our New Orleans supplemental earnings benefits lawyers to help you get compensation after an on-the-job injury.
The Definition of Supplemental Earnings Benefits (SEBs)
Supplemental earnings benefits are an important part of many workers’ comp claims in New Orleans. However, not everyone injured on the job will receive SEBs. Generally, you can only receive SEBs if you are hurt on the job and return to work in a limited capacity.
For example, you may qualify for SEBs if you are hurt while working but cannot recover enough to work full-time. If you cannot earn 90 percent of your previous average weekly wage in your new position, you may be able to get additional funds through your SEBs.
For a free legal consultation with a Supplemental Earnings Benefits lawyer serving New Orleans, call 800-537-8185
There Are Limits to the Maximum Compensation You Can Get Through SEBs
As mentioned, you may be able to receive SEBs if you can return to work but cannot earn your previous weekly wage. However, SEBs are not designed to cover the full amount necessary to recover your average weekly wage. Instead, SEBs can provide you with up to two-thirds of the difference between:
- Your average weekly wage prior to the accident AND
- Your current wages or what you are currently capable of earning in wages
For example, you could have been hurt while working construction. Your previous weekly wage was $400. You have recovered partially from your injuries and returned to a desk job that allows you to earn $200 a week. SEBs would provide you with two-thirds (66 percent) of the difference between $400 and $200. This would come to approximately $132 each week.
However, you should be aware that there are maximums set for the amount of compensation you can receive through SEBs. This means that, if your previous average weekly wage was very high, you might not get the full two-thirds of the difference through SEBs.
Find out more about how much you may be able to receive through SEBs by contacting our law office here in New Orleans. Call (504) 613-4771 to reach out to the Morris Bart law firm. A New Orleans supplemental earnings benefits lawyer may be able to begin working on your claim now.
Steps to Obtain SEBs in New Orleans
Not everyone who gets hurt on the job can apply for SEBs in New Orleans. Before you can apply for SEBs, you must be able to return to work in some fashion. However, you must not earn 90 percent or more of your previous average weekly wage to qualify for SEBs in Louisiana.
In most cases, workers hurt on the job do not start out on SEBs. Instead, you may be initially offered Temporary Total Disability (TTD) benefits. You may receive these benefits for the entire time that you are disabled and unable to work in any job. However, as you recover, your benefit options through workers’ comp may change. Most workers eventually either:
- Recover completely from their ailments OR
- Reach maximum medical improvement (MMI)
MMI refers to your condition if you have recovered as much as you possibly can from your injury. You may not reach perfect condition again after a job site accident. After you recover sufficiently, your doctor may approve you to return to work. If you are approved to work but have restrictions on the work you can do, you could apply for SEBs.
Once you qualify for SEBs in New Orleans, your TTD benefits are usually converted. A New Orleans supplemental earnings benefits lawyer may be able to help you handle this transfer to minimize the disruption to your compensation.
Time Constraints on SEBs in Louisiana You Need to Be Aware of
You may wonder how long you can receive SEBs after a job site injury in New Orleans. Legally, you may be offered SEBs for up to 520 weeks. This means you may be able to draw these benefits for 10 years from the time that you are injured. Note that if you retire, you may no longer be eligible for SEBs, even within this 10-year period.
Additionally, any time that you receive TTD benefits will be taken out of the time you could receive SEBs. For example, imagine you were on TTD for a year after a job site injury. After a year, you recover enough to return to a desk job and begin receiving SEBs. You may only receive SEBs for nine years because you were on TTD for one year.
Also note that you may not automatically receive SEBs in New Orleans. You may need to submit a Louisiana Department of Labor 1020 form on a monthly basis to continue receiving SEBs for your losses. Additionally, you may face disputes regarding the amount of SEBs you can receive.
A New Orleans supplemental earnings benefits lawyer may help you apply for SEBs after an on-the-job injury. The team at the Morris Bart law office may be able to walk you through the process of applying for SEBs. We can answer questions about calculating the value of your SEBs and help you get fair compensation for your losses after a job site injury.
Call a New Orleans Supplemental Earnings Benefits Lawyer Today
Securing SEBs after a job site injury in Louisiana may be complicated. Get legal help handling the application process by contacting the Morris Bart law firm. You can reach out to a team member now by completing our online contact form or calling (504) 613-4771.
Start working with a New Orleans supplemental earnings benefits lawyer right away. We are prepared to help you with your workers’ comp claim.
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