If you are unable to perform your regular job due to a work-related injury, you may be entitled to receive Temporary Disability (TD) benefits while you are recovering.
When Should I Consult an Attorney?
Immediately! Time is of the essence in a work-related injury case. You need to be seen by a doctor and receive appropriate medical treatment, you need to file a report with your employer, and you need to document the event with an experienced attorney in order to preserve your legal rights. This type of case can become complicated very quickly. My team knows how to protect you and get you the benefits that you deserve.
Qualifications for TD Benefits
- You are hospitalized overnight
- Your doctor says you are unable to do your usual job for more than three days
- Your employer does not offer you other work that pays your usual wages while you recover
Please keep in mind that each individual case is unique – schedule a consultation to clarify your status.
Types of TD Benefits
There are different benefits available depending upon your situation:
- Temporary Total Disability (TTD)
You receive these benefits if you are unable to work at all while recovering from a job-related injury. - Temporary Partial Disability (TPD)
If you are able to do some work while recovering, and your employer offers you this work, you earn TPD benefits as long as your wages during this period are below a maximum limit set by law.
How much do TD Benefits Pay?
TD benefits are generally two-thirds of the gross (pre-tax) wages that you lose while recovering from a work-related injury. There are both minimum and maximum amounts that you can receive. These limits are set by law.
The good news: TD benefits are not subject to federal, state, or local income taxes. You also won’t pay Social Security, union dues, or retirement fund contributions on these benefits.
Determining TD Benefits can be Complicated
Many factors are considered in determining your TD benefits, such as:
- Did you have more than one job at the time of injury?
- Was your job seasonal?
- Were your wages consistent, or did they rise and fall?
- Did you earn other income, such as tips, overtime, bonuses, housing allowance, clothing allowance or vehicle allowances?
- Were you scheduled for a wage increase after the date of injury?
- Are you requesting TD benefits more than two years after the date of injury?
If any of these conditions apply to your situation please schedule a consultation with our office.
Don’t waste time trying to figure this out on your own. We have fifteen years of experience in handling this specific type of case, and we will save you hours of frustration. We will help you arrange for medical treatment if necessary, and we will file your claim in a timely manner so you begin receiving benefits as soon as possible!
