When must an employer pay disability compensation to a worker, and what does the amount depend on?
General information · Not legal advice
Material to check
In a practice file we read the employment records showing the worker's status and average wage, and the medical records showing that the injury or disease arose from the work, that recovery is complete, and that a bodily disability remains.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets a chain of conditions: where a worker suffers an injury or disease in the course of work and, after being cured, has a bodily disability, the employer must pay compensation for that disability, calculated by multiplying the average wage by the days the attached table fixes for the degree of the disability found.
Another reading notes what the provision does not decide: it leaves both the criteria for grading the bodily disability and the time at which disability compensation falls due to a presidential decree, so the file must show that the grading and the due date follow that decree.
Your judgment
How could the file show that recovery is complete and that the remaining disability is one the work injury caused?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if a presidential decree fixes or revises the grading criteria or the timing of compensation, or if the provision is amended to change the average wage basis or the role of complete cure.