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Temporary Total Disability Benefits
Injured workers who are advised by a physician to be off work due to their work injury for a period of more than three days are entitled to temporary total disability (TTD) benefits. TTD benefits are payable weekly at a rate equal to two-thirds (2/3) of the injured worker's gross average weekly wage at the time of the injury, up to a maximum. The maximum TTD benefit depends on the date of injury.
Whether a worker is temporarily totally disabled is often the subject of dispute between the employer, or the employer's workers' compensation insurer, and the employee. For example, the employer's physician may release the worker to regular duty immediately following the injury, while the worker's personal physician recommends the worker not work. Occasionally, the only remedy for such a dispute is a "hardship hearing", in which an administrative law judge (ALJ) decides whether an employee is owed TTD benefits based on the evidence available at the time of the hearing.
The employer also must provide "light" or "restricted" duty if the doctor recommends it, provided such duty is necessary because of the work injury. Recent case law also suggests that if no light duty is available, TTD benefits must be paid. If light duty is available, but the employee has been terminated or "laid off", TTD may also be ordered by the ALJ if not voluntarily paid by the employer or its workers' compensation insurer.
A second medical opinion is sometimes necessary regarding whether a worker needs further treatment and/or is temporarily totally disabled. Your attorney can help you secure a second opinion with a doctor who can testify on your behalf.
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