Lawyers representing injured workers whose claims fall under the Supplemental Earnings Benefits section of the Louisiana Workers Compensation Act, know that Supplemental Earnings Benefits are paid at a rate of 2/3 the difference between the injured worker’s Average Weekly Wage and either what the injured worker is earning or capable of earning. The benefits are paid by the workers compensation insurer on a monthly basis by submitting a Louisiana Department of Labor 1020 form to the workers compensation insurer.
SEB is paid when the injured worker is no longer Temporarily Totally Disabled and is not capable of earing 90% of his or her pre-injury wage.
Supplemental Earnings Benefits are paid for a maximum of 520 weeks. The 520 weeks includes weeks already paid in Temporary Total Disability benefits.
If the injured worker is not working, the employer’s workers compensation insurer will hire a vocational rehabilitation counselor to generate a Labor Market Survey (a list of allegedly suitable jobs) to determine what the injured worker is allegedly capable of earning. This list of jobs with their physical job requirements will be presented to the injured worker’s treating physician(s) for approval.
It is critical for the injured worker to stay involved in the vocational rehabilitation process and discuss work limitations with his or her treating doctor(s).
Here is a chart for helping Louisiana Workers Compensation Claimants keep track of jobs identified in the labor market survey and for comparing the allegedly suitable job described in the Labor Market Survey to the actual position. The chart can help the injured worker maximize her or her SEB benefits and, in time, maximize any potential Louisiana Workers Compensation settlement.
If you need help or have any question about your job injury, call me, a Louisiana workers’ compensation lawyer, at 866-558-9151, or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don’t delay.