TEMPORARY TOTAL DISABILITY COMPENSATION

Temporary Total Disability (TTD) Lawyer in West Palm Beach, Florida

temporary total disability

If you are unable to work, you may be entitled to lost wages in the form of temporary total disability compensation.

Temporary total disability (TTD) benefits is paid to injured workers who have suffered an on the job accident and injuries
that prevent them from returning to work. In order to receive TTD benefits, you must be medically unable to work and placed on a no work status due to the workplace accident and injury. The following is a brief summary of temporary total disability benefits in Florida. We offer a free consultation in regards to all Temporary Total Disability cases.  Call or email now to speak with a West Palm Beach workers compensation attorney at Vassallo, Bilotta and Davis.

Temporary Total Disability

An authorized doctor (or an IME) must state that the injured worker is unable to work.   The claimant must not be at maximum medical improvement (MMI).   Temporary total disability (TTD) benefits are paid for a maximum of 260 weeks.   TTD compensation benefits are paid biweekly and equal to 66 2/3 percent of the employee’s average weekly wage (AWW) – subject to the maximum compensation rate in effect for the year that the date of accident occurred. For example, if your authorized doctor states you are unable to perform any work due to a torn meniscus, torn rotator cuff, or disc herniation in your lumbar, then you should begin receiving TTD benefits at 2/3 of your AWW.

However, if your authorized doctor states you can return to work but with restrictions, then you would not be due TTD benefits but instead may be eligible for temporary partial disability (TPD) compensation benefits which is paid at 64 percent of your AWW.

An injured worker cannot prove TTD or TPD without medical evidence. If you disagree with your authorized doctor, you can secure an independent medical examination (IME) to opine on your work status. Entitlement to lost wages can be difficult and complex so we recommend contacting a West Palm Beach workers compensation lawyer at the Vassallo, Bilotta and Davis as soon as possible.

What does Temporary Mean for Purposes of Disability in Work Comp

Temporary means that there is a reasonable expectation that the injured worker’s condition will improve. Therefore, if the employee is receiving medical treatment and is not at maximum medical improvement (MMI), temporary compensation benefits of up to 260 weeks may be owed by the employer/carrier. Severe injuries often result in a period of time that the injured worker is entitled to TTD benefits. These types of injuries result in the employee not being able to return to any type of work until surgery is performed or broken bones heal. If an injured worker is severely injured but can return to work with restrictions, then temporary partial disability (TPD) benefits should be paid. If the authorized work comp doctor has placed restrictions on the employee but the employer does not have work within the injured workers’ restrictions, even if the employee is not working, the employee will be owed temporary partial disability. Temporary total disability is only due when the claimant has been placed
on a no work status.

What does Temporary Mean for Purposes of Disability in Work Comp

When the injured work reaches the point where their condition is as good as it’s going to get and no additional treatment will improve the claimant’s condition, the employee has reached what is known as Maximum Medical Improvement (MMI). When this occurs, the injured worker is no longer entitled to any temporary disability
benefits. If the injured worker has suffered a severe or catastrophic injury, Permanent Total Disability (PTD) benefits may be owed by the employer/carrier. Termination of your temporary total disability (TTD) or temporary partial disability (TPD) compensation benefits can be financially difficult and unfair. If you have been placed at MMI and
your TTD or TPD benefits have ended, you may be entitled to impairment benefits (IBs). You may also be entitled to permanent partial disability (PTD) compensation. We recommend you contact a board certified workers’ compensation lawyer in West Palm Beach, Florida at the law firm of Vassallo, Bilotta and Davis.

Workers’ Comp Payments of Temporary Disability Benefits in Florida

Temporary total disability (TTD) benefits are paid at 66 2/3 percent of your Average Weekly Wage (AWW). Your AWW is calculated by adding the 13 weeks you worked before the accident and dividing by 13 to determine the average amount of your wages. You must have worked substantially the whole or 75% of your customary hours to determine an accurate AWW. Temporary partial disability (TPD) benefits are paid at 64 percent of your Average Weekly Wage (AWW). If you have returned to work and are earning less than 80% of your AWW or average pre-injury wages, then work comp must pay you 80% of the difference. This is known as the 80/80 formula.

Calculating your correct AWW is extremely important since temporary and permanent compensation benefits are paid based on your AWW. The higher your AWW, the better. Your average weekly wage can also include concurrent employment or other work you earned wages at during the 13 weeks before your work accident. These
earnings should be included into your AWW so that you maximize the amount of your temporary compensation benefits. There is a maximum compensation rate established by the state of Florida each year. Our West Palm Beach work comp lawyers can help make sure your average weekly wage is correct so you are fairly and accurately paid temporary compensation benefits. If you or a loved one have suffered a work accident and injury, please contact a workers comp attorney in West Palm Beach, Florida at Vassallo, Bilotta and Davis. To schedule a free consultation, call us at 561-471-2800 or contact us online to discuss your case with an experienced West Palm Beach workers’ compensation lawyer today.