Temporary Disability Eligibility Requirements

Determining if you’re eligible for temporary disability is one of the easiest things to do in a workers’ compensation claim.  Were you hospitalized because of your work injury?  Did your work injury cause you to miss at least three days of work?  If so, you are eligible to receive temporary disability payments.  Benefits cease when you return to work and earn your typical wages.  If you return to work but are unable to earn your typical wages, you can continue to collect temporary disability benefits while you recover.

Temporary Disability Benefits

Benefit levels are calculated by a mathematical formula based on the actual amount of your lost wages.  Temporary total disability will pay 2/3 of your average weekly wage, which is calculated by adding your gross weekly salary, average weekly overtime, the market value of lost job perks, and other lost wages from other jobs.   If the work injury leaves you able to work, but not at the same level of pay, temporary partial disability will pay 2/3 of the wage loss.  For example, if you make $52,000 a year, your average weekly wage would be $1,000.  After a work injury, your employer reassigns you to a position that you can perform while injured, but the rate of pay is only $700 a week.  Your wage loss would be $300 a week.  Paid at 2/3, your temporary partial disability payment would be $200 per week.  If you are still able to work after your injury, even if the pay is lower, you will be earning more than you would if you were completely unable to work.  In 2021, the minimum level of temporary disability benefits is $203.44 weekly while the maximum level is $1356.43.

It’s not typically possible to challenge benefit levels, which are set in stone.  It is possible, however, to challenge how your average weekly wage was calculated.  Seasonal workers or workers who started in their position recently can potentially have their average weekly wage valued too low.  Your work injury attorney will be able to help you determine if your benefits are being assigned properly.

Temporary Disability Limitations

There are several events that can cause temporary disability payments to stop:

• If your doctor says you can return to work
• If additional medical treatment will not help your recovery (permanent and stationary)
• If you have received 104 weeks worth of benefits within five years of your injury
• If you begin receiving wages at or above your average weekly wage