Temporary Total Disability

What is my wage replacement benefit while I am recovering and am not able to work?

While you are recovering and your condition is not permanent, you are entitled to Temporary Total Disability (“TTD”).  Your doctor should issue disability certificates which say that you are not able to work and he should send them to the insurer.  No TTD is paid for the first 3 days of your disability.  

See §386-31 (b).
(b) Temporary total disability. Where a work injury causes total disability not determined to be permanent in character, the employer, for the duration of the disability, but not including the first three calendar days thereof, shall pay the injured employee a weekly benefit at the rate of sixty-six and two-thirds per cent of the employee's average weekly wages, subject to the limitations on weekly benefit rates prescribed in subsection (a), or if the employee's average weekly wages are less than the minimum weekly benefit rate prescribed in subsection (a), at the rate of one hundred per cent of the employee's average weekly wages.

There is no clear rule as to when TTD must be paid.  There is no requirement that TTD be paid according to the same schedule that you received your wages.  However, it appears that you should receive TTD during the period it covers.  For example, if TTD is paid for March 1 through March 6, you should receive it during that period.  

There is a 20% penalty if TTD is not timely paid.  Therefore, you should keep the TTD check stub together with the envelope it came in, and mark the date that you received it.

 

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