Temporary Total Disability Benefits (TTD) – What You Need to Know

Temporary total disability benefits (TTD) are a type of workers’ comp benefit that serves as wage replacement when recovering from a work injury or illness.

TTD benefits kick in when you cannot perform any type of work while you’re affected by your condition. This is only temporary until you go back to work or qualify for permanent benefits.

You and your employer may not agree on what type of benefits you qualify for. The amount they give you may not match what you’re actually entitled for.

Even though our legal guide covers general facts regarding TTD benefits, the best source of direct info is through a workers’ comp attorney. The best way to force your employer’s hand to grant you the compensation you deserve is through legal representation.

Qualifying for Temporary Total Disability Benefits

To qualify for temporary total disability benefits in the U.S., there are several major factors you must follow:

• Be an employee at a business or organization with at least three employees.
• Be unable to perform your work tasks regularly for at least 7 days or at all due to a work-related injury or illness.
• Go to a doctor under your employer’s panel of physicians to evaluate the extent of your injuries.
• The doctor may determine if you need significant work restrictions such as temporary partial disability or TPD benefits.

If the doctor decides you can’t work, you may file a TTD claim by notifying your employer and initiating a workers’ comp claim.

You may also hire a workers’ comp attorney if your employer disputes the claim. You may need to file a claim with your state’s Workers’ Comp Board or Division if that occurs.

How Long Can You Receive Temporary Total Disability?

The maximum timespan you can receive temporary total disability benefits depends on your state and several other factors.

Most states limit TTD benefits to a specified number of weeks, often 104 weeks of benefits. If you suffered severe injuries, some states allow you to receive up to 500 weeks of benefits.

Some factors that may influence how long your workers’ compensation may last include:

• Medical conditions—benefits extend longer to serious medical conditions such as a traumatic brain injury or amputation of limbs.
• Maximum medical improvement (MMI)—TTD benefits may stop if your doctor determines your body has fully developed and can no longer recover.
• Return to work—TTD benefits may cease if you go back to work or your doctor determines you can work.
• Withdraw from working—TTD benefits may stop if you retire from work for reasons other than your injury. Not working while you’re cleared for light-duty employment may jeopardize your workers’ compensation benefits.
• Refuse work opportunity—if you were offered another work opportunity that can help or reject an approved rehabilitation plan.
• Independent medical exam (IME)—if you reject going to an IME requested by your employer or insurance adjuster.

Your TTD benefits may last or stop depending on the above scenarios. However, having a workers’ comp attorney explain the benefits you should receive can help you avoid any loss of benefits you should be entitled to.

Temporary vs. Permanent Total Disability Benefits

There are two types of total disability benefits an employee may be entitled to in a workers’ comp claim.

The first is temporary total benefits as mentioned, which financially support the injured employee due to loss of work. Permanent total disability (PTD) benefits trigger when a worker cannot work for the foreseeable future.

TTD benefits support you when your work injury or illness needs time to recover until MMI or when you’re ready to work.

PTD benefits can last up to the impaired worker’s entire life. This means they can receive benefits as long as their work disability continues and they cannot work in any capacity.

The difference between the two is the timespan to recover and whether the injured worker can return to work or not. Therefore, an injured employee may receive one of those benefits depending on how severe and lasting their injury is.

What Influences Your Temporary Total Disability Settlement?

Temporary total disability settlements are influenced by:

• Work injury or illness severity
• Lost income capacity
• Medical bills
• State regulations
• Timespan of disability
• Doctor or physician’s opinion
• Pre-injury wages

In most states, temporary total disability benefits are often two-thirds of your average weekly wage earned during the 52 weeks before your injury.

To determine the amount of benefits you can receive, take the gross earnings, add it together for the year, and divide it by 52 (number of weeks in a year) before your injury.

Take the average weekly wage calculated and multiply it by two-thirds or 0.6667 to determine the worker’s compensation rate.

If you were employed for less than 52 weeks, you’ll use that time period to calculate your gross earnings instead.

How Long Does Temporary Total Disability Last?

In most states, temporary total disability lasts for up to 104 weeks, or two years from the date of injury.

If the injury is serious, TTD benefits may exceed 104 weeks and up to a five-year timespan.

Other factors to consider are medical assessments like a FCE to determine how long a worker’s disability can recover.

Each state’s laws vary in workers’ comp regulations, so it’s important to speak with a lawyer within your state to see how long your benefits can last.

When are Temporary Total Disability Benefits Paid Out?

Temporary total disability benefits are often due during the first seven days unless the disability lasts up to 14 days.

TTD benefits for missed work must be paid no later than 15 days after notice of injury. If the employer or insurance company fails to pay promptly, they may be subject to penalty.

What if Your Work Injury Comes Back?

If your work injury comes back and prevents you from working, you may be entitled to TTD benefits again.

Your primary care physician needs to prove your condition is connected with your original injury, restricting your work performance.

You should notify your employer and file another workers’ comp claim with the insurance provider to re-activate your benefits.

The insurance adjuster may review your claim and request new medical documentation, proving your original injuries have shown symptoms preventing you from working.

Possible Delays to Your Temporary Total Disability Claim

There may be delays to your temporary disability claim due to several reasons such as:

• Incomplete medical documentation
• Disputes over the extent of disability
• Failing to follow prescribed treatments
• Lacking communication between you and the employer or insurance adjuster
• Waiting for medical documents to be submitted
• Not filing the claim correctly or within the required timeframe

The employer’s insurance company may send a notice of delay letting you know they need time to investigate your claim. They may need time reviewing medical documents or conducting interviews regarding your injury.

If your claim is delayed, you may call the claims administrator for a status report. You can also follow up with your doctor to ensure you receive all necessary medical documents.

The best way to reduce delays is through reporting your temporary total disability claim as soon as possible. After recovering from your injury, notify your employer and they should give you the right forms for your claim.

What if You’re Not Ready to Return to Work?

You must speak with your primary care doctor if you’re not ready to return to work. Your doctor’s opinion is important in determining your ability to return to work.

Your doctor should write a letter for your employer, outlining specific reasons you cannot return to work due to your limitations and recovery timeframe.

You should then explain the situation to your employer and give them the doctor’s letter as proof. If your employer disputes your claim of not being ready, you may seek an attorney for legal advice.

Can You Dispute a False TTD Claim?

You reserve the right to dispute a temporary total disability claim if it inaccurately covers your losses.

However, it may be difficult to dispute if there is no substantial evidence proving the severity of your work-related injury. Medical records may be necessary to prove the validity of your injury or illness.

To dispute an inaccurate TTD claim, you must contact the employer’s insurance adjuster to submit a letter explaining your reasons for disagreeing with their decision.

You and your adjuster may reexamine your condition with an agreed medical examiner to confirm the status of your condition.

Add medical information about your work-related injury provided by your treating physician. You should then request a hearing to present your claim to the state’s workers’ comp board.

Further questions on how to dispute a workers’ comp claim can be asked through the Division of Workers’ Compensation (DWC) in your state for assistance.

Can You Qualify for Other Disability Benefits Besides Workers’ Comp?

Yes, depending on the severity of your work injury or illness you may qualify for other disability benefits besides workers’ comp such as Social Security Disability Insurance (SSDI). SSDI is a federal government coverage that allows you to receive disability benefits, whether it’s work-related or not.

However, it’s important to know your SSDI may be reduced while on TTD benefits based on the payment combined with disability payments.

There’s an offset provision ensuring that total disability benefits don’t go over a certain percentage of your previous earnings.

Sort Out Your TTD Claim With a Workers’ Compensation Attorney

LegalASAP is partnered with hundreds of firms across the U.S. ready to assist with your temporary total disability claim. Don’t wait to start your workers’ comp claim as your state’s statute of limitations may prevent you from filing again.

Submit a consultation form now to see if your claim qualifies for an attorney. Call our help center at 888-927-3080 for questions or concerns.