When a job injury stops you from working, temporary total disability workers’ comp benefits are the weekly check that replaces most of your lost pay. You may be eligible for these benefits if your workplace injury prevents you from doing your normal job tasks. You can get TTD benefits if your employer is unable to offer you a light-duty position that fits your doctor’s medical restrictions.
Insurance companies sometimes cut these checks off early or pay less than the law requires. When that happens, you have the right to fight back and get your temporary total disability workers comp restored. The experienced Montgomery workers’ compensation lawyers at Hunter | Everage helps injured workers protect their rights and get these checks on time.
What Is TTD in Workers Comp?
TTD workers comp is a type of benefit that pays you when a work injury keeps you from doing any job duties for a limited time. It is not permanent. It is meant to help you get by while you are actively recovering under a doctor’s care.
To qualify for these weekly checks, you must meet three basic rules:
- You must have a work-related injury or illness.
- An authorized doctor must state that you cannot work at all, or that you have light-duty restrictions that your employer cannot accommodate.
- You must miss a minimum number of workdays, called a waiting period.
The insurance company will stop paying these benefits once you can return to work, or once your doctor decides you have recovered as much as you ever will.
How TTD Workers Comp Benefits Are Calculated in AL, NC, SC, and VA
Each state has its own laws and codes that set how much money you receive. Most states calculate your weekly check by taking two-thirds (66.67%) of your Average Weekly Wage (AWW). Your AWW is usually based on what you earned in the weeks or months before your injury, including overtime and bonuses.
The states where Hunter | Everage practices have specific rules, minimum rates, and maximum limits:
Alabama
Under Alabama Code Section 25-5-57(a)(1), you get 66.67% of your average weekly wage. Alabama sets a maximum and minimum limit every year based on the state’s average wages. There is a three-day waiting period. If you miss 21 or more days, you get paid retroactively for the first 3 days.
North Carolina
According to North Carolina General Statutes Section 97-29, injured employees receive 66.67% of their average weekly wage. The state has a strict cap on the maximum weekly benefit. The waiting period is seven days. You will get paid for those first seven days only if your disability lasts more than 21 days.
South Carolina
Under South Carolina Code Section 42-9-10, your check is 66.67% of your average weekly wage. South Carolina sets a maximum weekly limit that changes each year. The waiting period is seven days. If you are out of work for more than 14 days, you get paid for the first seven days of missed work.
Virginia
Under Code of Virginia Section 65.2-500, you receive 66.67% of your average weekly earnings. The waiting period is seven days. If your disability lasts for more than 21 days, you will receive back pay for those first seven days.
How Long Can You Receive TTD Benefits?
The length of time you can receive temporary total disability workers’ comp benefits depends on the state where you were hurt and how quickly your body heals. Each state sets a strict limit on the maximum number of weeks you can collect these payments.
In Alabama, the limit is a 300-week cap. If your injury occurred in North Carolina, your limit is 500 weeks. South Carolina sets a 500-week limit for injured workers. Workers in Virginia also have a 500-week limit.
Payments stop as soon as your treating doctor releases you to return to your regular job. They also stop when your doctor decides you have reached Maximum Medical Improvement (MMI). This term means your body has healed as much as it can, even if you still have some pain or physical limitations. Once you reach MMI, your doctor will evaluate you to see if you qualify for permanent disability benefits instead.
What Happens When TTD Benefits End?
When your doctor says you have reached MMI, your TTD workers’ comp will stop. However, this does not mean your case is over. What happens next depends on your recovery.
If you make a complete recovery, you return to your regular job, and your cash benefits stop. If you still have physical limitations after reaching MMI, you will be evaluated for permanent disability benefits. You may receive Permanent Partial Disability (PPD) if you lost the use of a body part, or Permanent Total Disability (PTD) if you can never work again.
Returning to Work While on TTD
Sometimes, your doctor will say you can return to work, but only with restrictions. This is often called light-duty or modified work.
If your employer offers you a light-duty job that fits your doctor’s restrictions, you must accept it. If you refuse a valid light-duty job, the insurance company can legally stop your weekly checks.
If your employer does not have any light-duty work available, you will continue to receive your weekly checks. If you do return to a light-duty job but earn less money than you did before your injury, you may qualify for Temporary Partial Disability (TPD) benefits to make up some of the difference.
What to Do if Your TTD Benefits Are Wrongly Cut Off
Insurance companies often try to stop weekly checks early to save money. They might claim you are fit to return to work when you are not, or they may miscalculate your average weekly wage, resulting in checks that are too small.
If your temporary total disability workers’ comp benefits are stopped, cut, or delayed, you should take action immediately:
- Get Your Medical Records: Keep copies of all doctor notes, work status slips, and treatment plans.
- Keep a Written Record: Write down the dates of any missed checks and your conversations with the insurance adjuster.
- Talk to an Attorney: An experienced lawyer can file a formal claim with your state’s workers’ compensation commission to force the insurance company to pay what they owe you.
Contact Our Workers’ Compensation Lawyer
The team at Hunter | Everage helps injured workers protect their rights and secure their temporary total disability workers’ comp. We know the exact state laws and codes that apply to your case. Contact Hunter | Everage at 704-377-9157 to request a consultation.
