Temporary Total Disability Benefits (TTD) in Workers Compensation
Workers Comp TTD Replaces Your Income When Disability from a Work-Related Injury or Illness Causes Missed Time from Work
Disability means physical or mental incapacity from an injury or disease that prevents you from earning the wages you received when you were hurt or became sick in the same or other employment.
Workers compensation pays temporary total disability benefits (TTD) when you cannot earn any wages because of a work-related injury or an occupational illness.
These wage loss payments for total incapacity are one of two significant types of workers compensation benefits. The other category is the payment of medical treatment and expenses (including hospitalizations, doctor visits, surgery, prescription medication, physical therapy, mental health counseling, and diagnostic imaging).
This article discusses how to get temporary total disability benefits in your workers compensation case. In addition, we explain how to calculate workers comp TTD payments to put more money in your pocket and keep these benefits going longer.
Read on for more information on the wage loss benefit you can receive when you are out of work because of a work-connected injury or disease.
And call us at 804-251-1620 or 757-810-5614 if you have questions about prosecuting your claim or negotiating a workers comp settlement. We know the strategies and tactics to scare the insurance adjuster into paying more.
What are Temporary Total Disability Benefits?
Workers comp TTD payments replace lost earnings when you miss time from work because of disability from an occupational injury or illness.
The test for TTD and total incapacity is whether you have a complete loss of earning power and wages due to a work-connected injury or disease.
How Do I Qualify for Temporary Total Disability Benefits?
You have two ways to qualify for workers comp TTD payments.
First, you will receive temporary total disability benefits if the medical evidence proves a doctor has disabled you from all work because of a covered injury or illness. Here is an explanation of what to ask your doctor to get evidence to support an award of TTD benefits.
Second, you can get temporary total disability benefits if you have a total loss of wages from a partial disability caused by an injury or disease.
Workers compensation considers partial disability resulting in an inability to earn wages from your pre-injury job as total incapacity IF you market your residual work ability.
Put differently: You can receive TTD benefits if your pre-injury employer cannot accommodate any medical work restrictions you have and you look for other employment within those restrictions.
Examples of Employees Qualifying for TTD Benefits
Here are two examples of how to get temporary total disability – one instance for each method.
TTD Example One:
Bill is a truck driver who suffers a back injury in a forklift accident.
He begins treatment with an orthopedic surgeon who disables him from all work pending an MRI.
Bill qualifies for TTD benefits.
TTD Example Two:
Jane works at a warehouse (like a Walmart or Amazon distribution center).
She slips on water on the floor, falling and striking her head and shoulder.
Jane sees two doctors – an orthopedist and a neurologist.
The orthopedic doctor diagnosed a torn rotator cuff, restricting Jane from lifting more than ten pounds.
The neurologist diagnosed head trauma (a concussion) and post-concussive syndrome, restricting Jane from working more than four hours per day.
Jane qualifies for workers comp TTD benefits if her employer cannot accommodate these restrictions and she looks for a job within these restrictions.
How Do I Calculate My TTD Payments?
The typical federal or state workers compensation statute says temporary total disability benefits are payable at two-thirds (66 ²/³ percent) of your pre-injury average weekly wage (AWW). Virginia Code Section 65.2-500 is an example of such a statute.
Your AWW means your gross (pre-tax) earnings for the job you held at the time of the injury for the 52 weeks (about 12 months) before the accident date, divided by 52. These earnings include regular pay, overtime, tips (for service employees), vacation, and payments or allowances for lodging (room and board) or transportation (such as a gas card).
Other TTD calculations apply if you held the job for less than one full year before the work injury. In most cases involving short work periods, the pre-injury average weekly wage for temporary total disability benefits equals your gross earnings in the position divided by the number of weeks worked.
In addition, temporary total disability benefits are subject to the maximum and minimum compensation rates in effect when you get hurt or receive the diagnosis. See the current max and min rates here.
Do Temporary Total Disability Benefits Include Lost Wages from My Second Job?
Maybe.
You may have worked two jobs for two employers when you got hurt.
And now you are disabled from both jobs because of an injury you suffered at one.
Your temporary total disability benefits may cover lost earnings from the second job (the one you did not get injured doing).
Whether TTD includes these second job wages depends on whether the employment was substantially like the job you got hurt at.
The jobs are substantially similar if they are of the same character, meaning they share the same purpose and have some overlap in job duties.
Do I Have to Pay Taxes on TTD Checks?
No.
Workers comp benefits are not taxed.
Will My TTD Payments Increase?
Yes.
The temporary total disability benefits you receive will increase if you qualify for a cost-of-living adjustment (COLA).
The COLA amount changes each year. It varies because it depends on the inflation rate.
You will automatically qualify for increased TTD due to COLA if you complete the application and do not receive Social Security disability benefits.
How Long Does It Take to Get TTD?
The time it takes to get temporary total disability benefits depends on many factors.
In undisputed cases – where the insurer concedes the employee suffered a compensable injury by accident and has temporary total incapacity – you may receive TTD payments within ten days of the accident.
These payments are voluntary TTD benefits because the employer and insurer do not have to make them unless you have a workers comp award letter. You should, therefore, file a claim for benefits with the Workers Compensation Commission because the insurer can stop these payments at any time without penalty. That will leave you in a bind.
If the employer and insurer dispute your entitlement to temporary total disability, you may have to prove your case (more on the burden of proof here) at a workers compensation hearing. This process, which may include several levels of appeals, can take months. You will not get TTD during this time.
Once you have an award, by stipulation or judicial opinion, the employer and insurer must start paying temporary total disability benefits within 44 days (about one and a half months) of the date ordered to do so.
The insurer must make the second TTD payment (and all others) within two weeks of their due date. Otherwise, the insurance company may have to pay penalties to you for the late check.
Is There a Waiting Period for Temporary Total Disability Benefits?
Yes.
Most states have a waiting period before you can receive TTD through workers comp.
The TTD waiting period varies by state, ranging from three to 42 days.
For example, Virginia workers compensation has a seven-day waiting period before you can receive any wage loss payments, including temporary total disability benefits. This rule means you can only get TTD if you miss more than seven workdays. Otherwise, you are out of luck.
You will, however, receive TTD for the first seven days of wage loss if you miss 21 days or more from work due to an occupational injury or illness.
Read this article for more information on when workers comp starts paying benefits.
What is the Deadline to File a Claim for Temporary Total Disability?
Multiple workers comp statutes of limitation may apply to your TTD claim.
For example:
You must report the work accident and injury to your employer within 30 days to preserve your right to benefits. Here is a sample letter reporting a work injury you can use.
Then you have two years from the accident date to file a claim for a first period of total capacity from an injury by accident. But you may have longer if you seek benefits for an occupational disease.
And if you return to work after receiving the first period of TTD but then have total incapacity from the injury later, you must file a claim for temporary total disability within two years of the date you last received compensation under an award.
How Long Do Temporary Total Disability Benefits Last?
The maximum period you can receive TTD varies by state.
Some states limit TTD payments to a specific number of weeks or a dollar amount.
For example, you can receive only 500 weeks of compensation for work-related disability in Virginia unless you qualify for permanent and total incapacity benefits.
Other states, however, limit TTD payments to fewer weeks.
Read this article for information on how long different workers comp benefits last.
In addition, your temporary total disability benefits may stop before you hit the maximum number of weeks allowed.
For example, the employer, insurer, or claim administrator (ESIS, Sedgwick, Gallagher Bassett, Corvel, etc.) may apply to stop TTD benefits if they give evidence showing probable cause that:
- You returned to work. The insurer, however, may have to pay temporary partial disability benefits (TPD) depending on ongoing work restrictions and your wages.
- Your doctor released you to return to work without restrictions.
- You turned down a job that meets your medical work restrictions.
- Current medical evidence shows that your ongoing disability or condition is unrelated to the work accident or occupational illness.
- You refused to follow your treating physician’s treatment plan (including missed doctor visits or physical therapy appointments.
- You refused to cooperate with an assigned vocational rehabilitation counselor.
- You were convicted of a crime and incarcerated.
Whether the Workers Compensation Commission officially stops temporary total disability payments depends on the evidence given by the parties.
Do Temporary Total Disability Benefits End if the Doctor Releases Me to Light Duty?
No.
Often an injured worker has a first period of total incapacity from work.
At some point, often after the treating physician has exhausted conservative treatment or performed surgery, the employee will receive a release to light duty. Indeed, even total knee replacement and spinal fusion patients get released with permanent restrictions in most cases.
Despite this release to light duty, you will continue to receive TTD payments if you have an award.
If you do not have an award when you get released to light duty, you must look for work within your restrictions to prove total incapacity.
Do Temporary Total Disability Benefits Stop When I Reach Maximum Medical Improvement (MMI) or if a Functional Capacity Evaluation (FCE) Says I Can Do Some Work?
No.
Reaching maximum medical improvement (MMI) for a work injury and completing a functional capacity evaluation (FCE) are milestones when workers comp will offer a settlement in many cases.
But your treating doctor’s declaration that you have reached MMI or an FCE report that says you can perform work at a specific exertional level does not mean your TTD payments stop in many states. For example, temporary total disability benefits will continue in Virginia.
Do I Have to Tell the Employer or Insurer that I Have Returned to Work if I Am Receiving Temporary Total Disability Payments?
Yes.
You must tell your pre-injury employer and the claim adjuster (or insurance defense attorney) that you have returned to work if you have a TTD award. The law requires it.
Otherwise, you risk the employer or insurer accusing you of fraud, seeking credit against future compensation, or filing a civil action to recover payments.
Similar rules apply to incarceration while receiving TTD.
Can I Receive Other Workers Comp Wage Loss Benefits While Collecting TTD?
No.
You cannot receive the other monetary benefits available under workers comp if you receive temporary total disability.
This prohibition means you can only collect temporary partial disability, permanent partial disability (PPD), or permanent total disability benefits when you no longer get TTD.
You can, however, continue to receive medical benefits and other non-monetary services under workers comp while collecting TTD.
What is the Difference Between Temporary Total Disability and Temporary Partial Disability (TPD) Benefits?
Your work status is the critical difference between temporary total and partial disability benefits.
You want TTD if you have lost all wages because of disability from the injury. This benefit pays more.
TPD benefits are what you must look for if you have returned to work after an industrial accident or occupational illness but earn less because of ongoing disability. For example, you may get fewer hours or must accept a lower-paying job due to the accident.
Instead of paying two-thirds of your pre-injury average weekly wage, TPD pays two-thirds of the difference between your pre-injury average weekly wage and your post-injury earnings.
TPD benefits, therefore, are less than TTD payments.
Do I Have to Pay Back the TTD I Received If I Settle My Workers Comp Case?
No.
You do not have to repay the TTD if you settle your case.
A workers compensation settlement pays monies in addition to the temporary total disability benefits you have received already
Workers Comp Lawyers Helping You Get Temporary Total Disability Benefits to Replace Income Lost After a Work Injury
A work-related injury or an occupational illness can cause chaos in your health and finances.
While the lifetime medical award helps you heal, workers comp TTD gives you financial security and breathing room while you plan your next steps.
You can hope the insurance company does the right thing and starts paying these benefits at once.
Or you can hire my law firm to deal with the workers comp adjuster’s tricks and prosecute your TTD claim while you focus on recovering.
Contact us today to get started.
And remember to view our answers to frequently asked workers comp questions to learn more about the process.
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