An injured employee is entitled to Temporary Total Disability Benefits if he/she is totally unable to work because of the injury or as released with restrictions, but unable to find work within his/her restrictions.
Wage loss benefits are paid at two-thirds (2/3) of the gross weekly wage at the time of the injury. There are also minimum and maximum levels of paid wage loss benefits.
There are no benefits the first 3 calendar days starting with the first date of disability, however, benefits for those three days are paid if the worker has a disability that lasts 10 or more calendar days after the first day of injury.
Issues often arise as to the duration of Temporary Total Disability Benefits. Under current law Temporary Total Disability Benefits have a durational limit of 130 weeks.
Temporary Total Disability Benefits also stop when any of the following occur:
- One returns to work or is released to work without limitations; or
- if the injured employee failed to diligently look for work within his/her physical restrictions after being released to work; or
- Refuses gainful work; or
- Fails to cooperate with an approved vocational rehabilitation plan; or
- 90 days after the employee has been sent a medical report indicating that he/she has reached Maximum Medical Improvement (MMI). MMI means the date after which no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated based on reasonable medical probability irrespective and regardless of subjective complaints of pain.