Are you disabled if you can not perform the same job you had performed before your injury? Is that a total disability? The answer actually depends on when you were injured. The law changed in 1996. And it could change again, so always consult a lawyer to have the most up to date information at your disposal.
It used to be that total disability meant that you could not perform your pre-injury job. Then that changed in 1996, when the law became that you are totally disabled only when you can not work at all. Thus, an employer can show that other work is reasonably available that you can perform.
Proving total diability is important, since the compensation rate varies depending on the percent of disability. The payment percentage is called the benefit rate. The benefit rate for total disability is 2/3 of the wage rate, up the the maximum benefit if the injury was prior to 1993. After that, it couldbe 50% of the statewide average weekly wage or 90% of your wage rate. The law changed again in 1996. So it is important to consider asking a qualified attorney to help you calculate your proper wage rate for your claim.
