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What Does TTD Mean in Workers’ Comp?
Many employees who suffer workplace injuries are eligible for workers’ compensation insurance benefits through their employers. Workers’ compensation law allows eligible workers to receive weekly payments based on the type and duration of the injury.
A critical aspect of these benefits is Total Temporary Disability (TTD), which prevents an injured employee from working but allows them to continue receiving weekly paychecks.
Understanding how TTD works, including eligibility requirements, how payments are calculated, and when benefits end, can help injured workers access their benefits.
Understanding Temporary Total Disability
Temporary total disability (TTD) is a workers’ compensation benefit covering workers with a permanent impairment or disability. Qualifying for TTD benefits means the employee’s injuries are so significant that they’re unable to work.
An employee with a work-related injury who qualifies to receive TTD benefits will receive a weekly paycheck, generally two-thirds of their usual income.
TTD differs from temporary partial disability (TPD), which refers to worker injuries that partially prevent them from performing their expected work tasks. TTD benefits are usually reserved for catastrophic injuries or conditions that prevent an employee from working.
Eligibility Requirements
Criteria for total disability (TTD) benefits include the following:
- Suffered a work injury that prevents a return to work for at least seven days
- Reporting the injury to your employer within 30 days
- Receiving medical care from an approved workers’ compensation provider
- Filing a workers’ compensation claim with your state of employment
Most state workers’ compensation laws require employees to seek medical care or a doctor’s disability certificate. The doctor must report that the on-the-job injury will prevent the employee from working.
How TTD Workers’ Compensation Benefits Are Calculated
TTD benefits should equal two-thirds of your typical weekly income up to a maximum amount. If an employee has more than one job, they can include both incomes on their benefits claim.
Average Weekly Wage
Temporary total disability uses the worker’s average weekly wage to determine payment. You can calculate your expected weekly payments with TTD benefits using the following formula:
Determine your average weekly pay for the previous 52 weeks by dividing your annual income by 52.
Total Income / 52 = Average Weekly Pay.
Once you have the average wage per week, TTD benefits are typically calculated at two-thirds (66 2/3%) of this amount:
Average Weekly Wage X 66 ⅔% (.6667) = Temporary Total Disability Benefits Per Week.
Keep in mind that this calculation may be further affected by your state’s minimum or maximum benefits. TTD benefits are tax-free.
Benefits Cap
States set maximum benefits on TTD payments, usually 75% of the statewide average weekly wage. Many states also set minimum payments, meaning an injured worker can’t receive less than 20% of the statewide average weekly wage.
Waiting Period
TTD benefits typically have a one-week waiting period, which means workers won’t be paid for the first seven days missed from work due to the injury. The waiting period is seven calendar days, including weekends. If you miss more than three weeks from work, you will receive back-pay TTD benefits for the first week.
Duration of TTD Benefits
The length of time an injured worker is eligible to receive workers’ compensation benefits depends on their condition and ability to return to work. Disability benefits typically continue until the employee recovers enough to return to work, is cleared by their medical provider, or reaches the maximum workers’ comp limit.
Additionally, some employees who receive TTD benefits may convert into other workers’ compensation benefit plans.
Medical Improvement
Temporary total disability payments are usually available until the employee reaches maximum medical improvement (MMI). MMI refers to the point at which an injured employee’s condition has reached the maximum condition possible with medical treatment.
However, once an employee has reached maximum medical improvement, they may be eligible to transfer to other benefits, such as permanent partial disability (PPD) or permanent total disability (PTD).
Return to Work
TTD payments usually stop once a doctor clears the employee to return to work. However, with the approval of their medical provider, injured workers may be able to return to work for limited, light-duty tasks. This reduced capacity may affect benefit eligibility since the employee will earn an income for their other job duties.
Permanent Disability
Many states also have a maximum period for injured employees to earn through TTD benefits. TPD benefits typically cap out around 400 weeks, but this may vary depending on your state’s workers’ compensation laws.
If the worker’s injuries become permanent, they may transition from TTD benefits to permanent disability. Death benefits or burial expenses may also be available if the employee’s injuries lead to a loss of life.
What Else You Should Know About TTD
Here are a few additional important things to know about workers’ compensation and temporary total disability benefits.
Subrogation
Subrogation refers to the right of the insurance company to recover paid compensation from the person or company responsible for the injury. Subrogation laws won’t affect the employee’s claim. It also won’t impact the employer’s workers’ compensation insurance. Instead, it aims to protect the employee and employer when a third party may be responsible.
Independent Medical Examinations (IMEs)
The insurance company usually requires an independent medical examination (IME) to assess the employee’s injury and determine whether they are partially or totally disabled. Injured employees have a right to a second opinion from an Agreed Medical Examiner (AME) or a Qualified Medical Examiner (QME).
Fraud Prevention
States have many laws and investigations to prevent workers’ compensation fraud. Any employee can report potential fraud, which opens an official investigation. Employees who file fraudulent claims may be subject to expensive fines and felony charges. Exact fines and criminal penalties will vary by state.
The Role of a Personal Injury Lawyer
Workers’ comp benefits are designed to protect injured workers. However, insurance companies may minimize injury or try to get an employee to return to work sooner than they can. Working with a personal injury lawyer can offer many valuable benefits when filing your workers’ compensation claim.
Legal Expertise
A personal injury lawyer has the legal expertise injured workers need to navigate total temporary or permanent partial disability benefits in their states. They will work closely with you throughout the process to ensure you receive the maximum benefits you deserve.
Negotiation Skills
Employees are entitled to TTD benefits. Working with an experienced personal injury lawyer means access to expert negotiation skills to ensure you receive the maximum benefits you need when recovering from a work-related injury.
Advocacy
Our law firm prides itself on being an advocate for injured employees. A workplace injury shouldn’t prevent you from receiving the medical care you need or paying your bills. A workers’ compensation lawyer in Chicago, IL from Rosenfeld Injury Lawyers handles communications and negotiations with the insurance company while keeping your best interests in mind.
Reach Out to Rosenfeld Injury Lawyers for Legal Assistance
Our legal team understands workers’ compensation insurance, including total and temporary disability benefits. We are here to fight for your employee rights and ensure you receive the benefits you deserve.
Call us today at (888) 424-5757 for a free consultation or fill out our contact form.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.