Temporary Total Disability
At The Davis Law Group, P.C., our attorneys will fight to ensure you receive the temporary total disability (“TTD”) benefits you deserve after an injury on the job. You are entitled to receive these benefits if you are temporarily unable to return to work. TTD benefits are also available for those who are able to return to work on light-duty but whose employer is unable to make an accommodation. TTD benefits are 66 2/3% of your average weekly wage, subject to set minimum and maximum amounts. Generally, your average weekly wage is based on your gross pay for the 52 weeks prior to the date of injury. However, the average weekly wage computation becomes more complicated if you were working two jobs at the time of your injury. If your employer knew you were working at another job prior to your injury, your average weekly wage may be based on your combined income. Overtime is not generally included in the computation.
Your TTD benefits should be paid until you return to work or your condition is no longer improving. Generally, TTD benefits will not be paid for the first three workdays missed. However, the first three workdays missed will be paid for if you miss 14 or more days due to your injury.
If injured, you should give your employer notice of your injury by way of a doctor’s notice and a demand for TTD benefits. Your employer is required to pay your TTD benefits within 14 days of receiving notice of your injury, and any denial of benefits must be within 14 days as well. If your employer does not pay your TTD benefits in a timely manner, you may petition for your employer to pay penalties and attorneys’ fees. If your employer stops paying your TTD benefits, it must give you a written explanation. If it does not provide this written explanation, you may again petition for penalties and/or attorneys’ fees. Contact The Davis Law Group, P.C. for assistance with your workers’ compensation claim.