Lost Wages

Colorado Workers Compensation Benefits Attorney

Temporary Disability Benefits

Temporary disability benefits are designed to replace the wages lost as a result of an injury. They consist of a maximum of two-thirds of the worker’s wages, not to exceed an upper limit, which is adjusted yearly.

There are two types of temporary disability benefits: temporary total disability and temporary partial disability benefits. Temporary total disability benefits (“TTD”) are paid when a claimant is unable to work at all because of an injury. The ability to work is determined by the authorized treating physician. In this case, the injured worker is paid two-thirds of their average weekly wage, not to exceed the limits mentioned above.

Temporary partial disability is paid to workers who have returned to work but due their restrictions, they can’t work full time or aren’t being paid the same hourly wage. In that case, the worker is paid two-thirds of the decrease in his wages.

Average Weekly Wage

Temporary benefits and permanent disability benefits are based on the injured worker’s average weekly wage. An artificially low average weekly wake will result in low artificially low benefits. How that average is determined is open to interpretation. Frequently, insurance carriers will average waged back a year, particularly when the injured worker was injured during a busy season when he was making more money that at other times. It is important to fight for an average weekly wage that accurately reflects what the worker was actually earning.

Commissions and overtime are often overlooked when an insurance company calculates average weekly wage. Make sure that your employer has accurately reported your overtime and commissions.

Working More Than One Job

If you are working two different jobs when you are injured and are unable to work at either job because of your injury, your average weekly wage should be based on both jobs. You will have to produce evidence of your wages on your other job, but the carrier must pay benefits based on both jobs.

Limits On Temporary Disability Benefits

An injured worker will receive temporary benefits until one the following happens:

• The worker is released to work at full duty. At this point, since the worker can return to the old job, temporary benefits stop. This is true even if the employer no longer has a position for the worker.

• The worker is returned to work with restrictions and the employer provides a job within these restrictions for the same hours and wages.

• The worker is terminated from the job for fault. This means the worker has done something that causes his termination. For example, a worker who returns to work with restrictions and then shows up late for work could be terminated and lose the right to temporary benefits for the loss in wages. Whether or not the employer has a good reason to terminate is often disputed. An employee who disputes the grounds for termination could go to court to seek a ruling that the termination was not for cause but was an excuse to get rid of the worker without having to pay further temporary benefits. These issues are often the subject of litigation.

• The worker reaches maximum medical improvement. Maximum medical improvement (“MMI”) is defined in the law as a point in the worker’s medical treatment where they are not expected to improve significantly in health or ability any further. When MMI is reached, as determined by the authorized treating physician, the worker’s right to further temporary benefits ceases. Even if the worker is unable to return to the job because of restrictions, no further temporary benefits are paid. The worker may be entitled to permanent disability benefits, which will be discussed below. If the worker disputes that maximum medical improvement has been reached, an independent medical examination can be applied for to determine MMI and permanent impairment.

Call the Eley Law Firm today at 866.458.6360 for a free case evaluation from a workers compensation lawyer. You may also e-mail us or fill out the form on the Contact Us page of this website, and a representative from the office will be in touch with you shortly. We look forward to hearing from you and helping with your workers comp case!