Protecting Your Rights to Lost Wages 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. This limit is adjusted annually.
At the Eley Law Firm in Denver, an experienced Colorado workers' compensation attorney can explain temporary disability lost wages benefits. If there is a question about your eligibility, your disability or your rights, you can count on a law firm that has protected workers' rights for more than 25 years.
720.279.9172 · 866.458.6360 · Free Consultation · Contact a Lawyer
There are two types of temporary disability benefits: temporary total disability (TTD) and temporary partial disability (TPD) benefits. Temporary total disability benefits are paid when a claimant is unable to work at all because of a workplace injury. The ability to work is determined by the authorized treating physician. In this case, the injured worker is paid two-thirds of that worker's average weekly wage, not to exceed an upper limit that changes each year.
Temporary partial disability is paid to workers who have returned to work, but, due to the restrictions caused by their injuries, 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 wages.
Lost wages benefits are based on your average weekly wage.
Temporary benefits and permanent disability benefits are based on the injured worker's average weekly wage. An artificially low average weekly wage will result in artificially low benefits. How that average is determined is open to interpretation. Frequently, insurance carriers will average wages back a year, particularly when the injured worker was injured during a busy season while making more money than 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. It is necessary to make sure that your employer has accurately reported your overtime and commissions.
More than one job? Your average weekly wage should reflect that.
If you were working two different jobs when you were 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.
What are the limits of 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 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 lost 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 the worker is not expected to improve significantly. 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. If the worker disputes that they have reached maximum medical improvement, they can apply for an independent medical examination to determine MMI.
Lost Wages Benefits · Free Consultation · Contact a Lawyer
Call the Eley Law Firm today at 866.458.6360 or 720.279.9172 for a free case evaluation from a workers compensation lawyer. You may also or fill out the e-mail form on the contact page, 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.
