What Benefits Are Paid for Temporary Disability?
When an injury on the job puts you out of work or keeps you from performing your old job at the same rate of pay, you can get temporary disability benefits to help make up for your lost wages.
You can be entitled to temporary disability benefits if your work injury causes you to spend the night in the hospital or renders you unable to work for three days or more. In addition to getting your medical bills paid for directly by the worker’s comp insurer, temporary disability benefits will also include wage replacement benefits to help you while you are out of work. Temporary disability can be partial or total:
Temporary partial disability – You can still work at your regular place of employment but at a lower wage. Temporary partial disability payments will cover the difference between your lower wage and your regular wage.
Temporary total disability – You either can’t work at all or your employer doesn’t have a job to offer you given your work restrictions as determined by your treating physician. Temporary total disability benefits equal two-thirds of your average weekly wage and can be paid for up to 104 weeks during the five years from the date of injury.
Your condition will be continually evaluated for improvement
Once you are receiving temporary disability payments, you will have to continue to see your treating physician every 45 days. At these appointments, the doctor will evaluate you and decide whether you are fit to return to work or not. You could be cleared to return to work, or the physician might conclude you are continuing to improve but not yet ready to go back to work.
At some point, the doctor will decide that your condition has stabilized and you have reached the point of maximum medical improvement. If the doctor decides you still have a disability, even if you can go back to work, you might be entitled to permanent disability benefits.
If you disagree with your doctor over things like the extent of your disability, whether you are ready to return to work, or what work restrictions should be applied to you, you can ask for a second opinion from a Qualified Medical Examiner (QME) or an Agreed Medical Evaluator (AME).
Remember that the doctor treating you might not be your personal physician but instead be part of a Medical Provider Network that contracts with your employer or their workers’ comp insurance carrier to treat workers injured on the job. If you don’t feel ready to go back to work but the doctor says you are, get yourself a lawyer to see what your options are for getting a second opinion or appealing a denial of benefits.
