Temporary and permanent disability

What are the benefits of temporary disability?

Temporary disability benefits (TD) are payments you receive if you lose wages because your injury prevents you from doing your usual job while you are recovering.

Are there different kinds of TD benefits?

There are two kinds of TD benefits. If you can not work at all while you recover, you receive Temporary Total Disability (TTD) benefits. If you can not work your full schedule while you recover, you receive partial temporary disability benefit payments (Temporary PartialDisability – TPD).

How much will I receive in TD payments?

As a general rule, TD pays two thirds (2/3) of the gross salary (before deductions and taxes) that you lose while you are recovering from a work injury. However, you can not receive more than the maximum weekly amount established by law.

When does TD begin and end?

TD payments start when your doctor says you can not do your usual job for more than three days or are hospitalized for one night. Payments must be made every two weeks. Generally, the TD ends when you return to work or when the doctor allows you to return to work or indicates that your injury has improved as much as possible.

Are the benefits of TD taxable?

No. You do not pay federal, state or local taxes on TD benefits.

What are Permanent Disability (PD) benefits?

Most workers recover completely from work injuries but some continue to have medical problems. Permanent Disability (PD) is any lasting disability that results in a reduced ability to make a living after reaching maximum medical improvement. If your injury or illness results in a PD you will be entitled to PD benefits, even if you can return to work.

How is the PD identified?

A doctor determines if your injury or illness causes PD. After your doctor decides that your injury or illness has stabilized and is not likely to change, the PD is evaluated. At that time, your condition has become permanent and stationary (Permanent & Stationary- P & S). Your doctor may use the term maximum medical improvement (Maximal Medical Improvement- MMI) instead of P & S.

Once you are P & S or have reached the MMI, your doctor will send a report to the claims administrator telling them that you have PD. The doctor also determines if any part of your disability was caused by something other than your work injury. For example, a previous injury or other condition. Assigning a percentage of your disability to factors other than your work injury is called apportionment.

How much will they pay me for my permanent disability?

The benefits of PD are established by law. The claims administrator will determine how much to pay based on three factors:

  • Your disability classification (expressed as a percentage)
  • The date of the injury
  • Your salary before being injured.

How and when is permanent disability benefits paid?

PD benefits are usually paid when TD benefits end and your doctor indicates that you have some permanent effects from your injury. The claims administrator must begin paying their permanent disability payments within 14 days after the TD ends.

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