Temporary disability (TD) benefits are owed to you when a work injury or work-related illness prevents you from working. A doctor usually decides if you are unable to work, and how long you need to recuperate.
Temporary disability pays two-thirds of the gross (pre-tax) wages based on the last 52 weeks you worked. There are exceptions however to basing your TD on the previous 52 weeks – for example, you got a raise just before the injury, or your union contract includes periodic raises. Other considerations that may affect your TD rate could include employer-provided meals, lodging, tips, commissions, overtime, and bonuses.
If you had a second job at the time of the injury, those earnings could also increase the TD you are entitled to.
TD payments begin when a doctor says you can’t do your usual work for more than three days, or you get hospitalized overnight. Payments must be made every 14 days. Generally, TD stops at 104 weeks of payments, or sooner if you return to work, or when the doctor releases you for work or says your injuries have healed as much as they are going to. There are exceptions to the 104 weeks “cap” depending on the nature of the injury.
Because most work injuries are treated by Medical Provider Network ( MPN) doctors hand picked by the claims administrator, there are often disagreements between the MPN doctor and you about whether you are ready to return to work.
If you believe this conflict is brewing don’t wait – the sooner you find out what your options are the better chance you can protect your rights.
If you have questions about your right to TD benefits, call us at 714-547-5025.
The consultation is always free.