If you have been injured while performing job-related tasks, you are entitled to workers’ compensation benefits. These come in many forms and can cover time lost at work, medical expenses, and disability. The disability benefits you receive depend on your injury. If you have been completely unable to work for several days, weeks, or months due to your work injury, you are entitled to temporary total disability (TTD).

Of course, being entitled to it and receiving it are two different things. Your employer and their insurance company will want to minimize their financial obligation to you, meaning they may avoid paying you as much as you deserve (or paying you anything at all). This is where it’s important to have the workers’ compensation attorneys at Hart & David on your side. We can help you receive maximum benefits for your work injury through skilled representation and sound legal advising.

Qualifying for TTD

If your doctor has declared you unable to work due to a job-related injury for which you are still receiving treatments, you are entitled to TTD. In addition, if he or she has placed restrictions on you, and your employer is not able to provide you with work that accommodates those restrictions, you are also eligible.

Note that you cannot declare yourself unable to work. That part must be handled by a doctor, so before leaving your physician’s office ask about your work ability and request a written note.

There is a slight waiting period for temporary total disability payments. TTD payments begin only after you have missed three days of work. Once you have been out for fourteen days, the first three days are compensated. Payments continue until you are no longer receiving treatment for your injury and return to work.

Calculating TTD

TTD payments are based on 2/3 of your average wages. This is calculated based on your last year (52 weeks) of pay at your current job. At times it’s simple to calculate, but if you just started at a job, you had overtime pay, or if your wages were inconsistent, it can muddle things a little. Having a lawyer on your side to help with this process is key, especially when it comes to actually negotiating compensation amounts.

Hart & David provides the financial analysis skills necessary to determine what you are owed for your injury. We then represent you as you seek temporary total disability benefits.

Getting Legal Help

Your employer’s insurance company will try to limit how much you are owed for your workplace injury. Therefore, you need the skill of a lawyer on your side, especially if your employer is trying to avoid paying you what you are due. In addition, once you have reached maximum medical improvement (MMI), you could become eligible for further compensation.

Throughout the process, Hart & David provides the legal skill and experience you need to receive the benefits you deserve. This includes representing you during negotiations and advocating your case aggressively and competently. For the legal assistance you need to receive maximum workers’ compensation benefits, contact Hart & David today.

Brandon C. Hall

Brandon C. Hall

Partner
Octavio Duran

Octavio Duran

Partner
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