Temporary Total Disability Guide

Understanding Temporary Total Disability (TTD) in Workers’ Compensation

If you’ve been injured on the job and are unable to work while you recover, you may be entitled to Temporary Total Disability (TTD) benefits. Here, we’ll explain what TTD means in the context of workers’ compensation, how benefits are calculated, and what you need to know to ensure you receive the support you’re entitled to.

What is Temporary Total Disability?

Temporary Total Disability refers to a situation where an employee is completely unable to perform any work due to a work-related injury.

• Complete Inability to Work: You are temporarily totally disabled if you can’t carry out any of your job responsibilities. This includes both your regular duties and any alternative tasks you might be able to perform.
• Total Loss of Income: Because you can’t work at all, you experience a total loss of your weekly earnings. This loss is covered by TTD benefits to help you manage financially while you’re recovering.
• Calculation of Benefits: Your TTD benefits are calculated based on your average weekly earnings (AWE) before the injury. This includes regular wages, overtime pay, and the monetary value of other benefits such as board or lodging provided by your employer. Typically, TTD benefits are about two-thirds of this average amount, but there is a legal maximum that can’t be exceeded.

Temporary Partial Disability vs. Temporary Total Disability

It’s important to differentiate between Temporary Total Disability (TTD) and Temporary Partial Disability (TPD):

• Temporary Partial Disability (TPD): This occurs when you are still able to perform some work, but not all your regular duties. You might be able to earn some income during this period, but it will likely be less than what you would normally make. TPD benefits reflect this partial loss of income.
• When TTD Applies: In some cases, even if you can do some work, you might still be entitled to TTD benefits if the work you can do does not match your skills or if it’s not available. For instance, if an injury prevents you from performing your primary job duties and there are no suitable alternative tasks, you could still qualify for TTD benefits.

Special Circumstances

There are situations where you might be considered temporarily totally disabled even if your condition seems like it should only be partial. For example, if your injury restricts you from performing any work for which you are qualified, or if the employer does not offer any suitable alternative work, the entire wage loss can be classified as total.

A notable case in California involved a school attendant who was injured while lifting a child. Although she was released to work with restrictions, the only tasks available involved lifting, which she could not do. In this situation, she was entitled to TTD benefits because she could not perform any job within her skill set.

What Happens if Your Salary Changes?

If you return to work and your salary increases before going off on temporary disability again, your TTD benefit rate might be adjusted based on this new salary. This adjustment ensures that your benefits accurately reflect your current income level.

Example of Temporary Total Disability Benefits

John works as a warehouse manager and earns an average of $1,000 per week. He is injured at work and, after medical evaluation, is determined to be temporarily totally disabled.

• Average Weekly Earnings: John’s AWE is $1,000.
• TTD Benefit Calculation: TTD benefits are typically two-thirds of the AWE. So, John’s weekly benefit would be calculated as follows:

TTD Benefit = 2/3 ×1000 = $666.67

John’s TTD benefits will be paid every two weeks, totaling $1,200 every two weeks ($600 per week for two weeks) during his recovery period, provided the benefits remain within the legal cap.

Timing of Payments

• First Payment: By law, your first TTD payment must be made no later than 14 days after your employer is (1) informed of your injury and (2) your inability to work. The 14-day period starts from the day your employer becomes aware of your claim and your work restrictions.
• Certification: Before the initial payment is issued, you need to have your disability period confirmed by a physician. This medical certification is crucial for validating your claim.
• Ongoing Payments: After the first payment, TTD benefits are typically paid every two weeks. These payments should be made consistently according to the schedule set by the first payment.

Limits on Temporary Disability Benefits

In California, if you are injured at work and qualified to receive Temporary Disability benefits, there are two important limits.

1. 104-Week Limit:
   • Maximum Time: You can get Temporary Disability benefits for up to 104 weeks, which is about two years. After 104 weeks, your benefits will stop, even if you’re still disabled.
2. Two-Year Limit:
   • Payment Timeframe: You can only receive Temporary Disability payments for up to two years from the start date of your benefit payments. If it’s been two years since you started receiving benefits, payments will end, even if you haven’t reached the 104-week limit.

What if You Have Multiple Injuries?

If you have multiple injuries and they cause temporary disability at the same time, the 104-week and two-year limits apply to the overall period of temporary disability benefits, not separately to each injury.

Navigating the Workers’ Compensation System

Understanding your rights and the process of claiming TTD benefits can help you manage the financial impact of a work-related injury. If you find the process confusing or encounter any issues, don’t hesitate to reach out to a workers’ compensation attorney. By being informed and proactive, you can make sure that your recovery is as smooth and financially secure as possible.