Temporary Total Disability Benefits
A severe workplace injury could keep you away from your job for weeks or months, causing you to miss the income you and your family depend on to pay the bills. Temporary total disability benefits (TTD) can offset some of these lost wages while you heal. But obtaining and keeping TTD benefits can be a challenge in Maryland.
Though they are called “temporary” benefits, the reality is that some injured workers may need TTD for a long time. Insurers aren’t always willing to pay, though.
If you’ve been seriously injured on the job and are pursuing temporary total disability benefits, talk to Trollinger Law LLC. We can guide you through the workers’ compensation process and help you pursue the full disability benefits you are entitled to. Contact us today for a free consultation with an experienced workers’ comp lawyer.
What Are Temporary Total Disability Benefits?
There are two types of temporary disability benefits for injured employees: temporary total disability benefits and temporary partial disability benefits.
Temporary total disability benefits (TTD) are for employees who cannot work at all after an injury. They cover two-thirds of your average weekly wage before your injury but cannot exceed the state average weekly wage and will be paid until you return to work and/or reach maximum medical improvement (MMI) — the point where further medical treatment will not meaningfully improve your condition.
By contrast, temporary partial disability benefits (TPD) are for injured workers who can return to work after their accident but with limitations. For instance, you may perform a modified version of your job with light duties. The Maryland Workers Compensation Commission (WCC) sets TPD at 50 percent of the difference between your pre-accident average weekly wage and your current weekly wage. However, it cannot exceed 50 percent of the state average weekly wage, which is subject to change. You can find current rates on the WCC website.
Who Qualifies for TTD in Maryland?
Nearly all employers in Maryland must carry workers’ compensation insurance. To receive coverage by your employer’s insurance policy, your injury must have occurred while performing duties within the course and scope of your employment.
Furthermore, to qualify for TTD in Maryland, you must miss more than three days of work. You will not receive benefits for the first three days unless you eventually miss more than 14 days of work. You can then receive payments for the first three days retroactively.
Filing for Workers’ Compensation in Maryland
Take the following steps to apply for workers’ compensation benefits in Maryland:
- Notify your employer of your injury or illness within 10 days. Put the notification in writing if possible. If you miss more than three days of work, your employer is responsible for reporting your injury or illness to the Workers’ Compensation Commission (WCC).
- File Employee Claim Form C-1 with the WCC within 60 days of sustaining your injury or illness. Your employer can help you make this report. You can also submit a claim online. Include all your relevant records and any other evidence you have to support your claim. A lawyer can help collect this information for you.
- Wait to hear from your employer’s workers’ compensation insurance company. You should start receiving benefits shortly after the claim’s approval. You can check the status of your claim via the Public Claim Data Inquiry. If the insurer denies your TTD claim, talk to a workers’ compensation attorney about an appeal.
- Meet your deadlines. You have two years from the date of an incident to apply for benefits. Miss the deadline, and you will be barred from claiming any benefits.
When Will I Get my Temporary Total Disability Benefits?
Assuming your workers’ comp claim is approved, you should start receiving weekly benefits checks soon after hearing from your employer’s workers’ comp provider. The WCC issues an order to your employer or its insurer, and they have 15 days to allocate the payment. These benefits will continue until you can return to work or reach maximum medical improvement.
I Work Two Jobs. Can I Get TTD From Both Companies?
Many people find themselves working more than one job to make ends meet. If you hold down two jobs, you’re likely counting on both paychecks to take care of yourself. The thought of receiving two-thirds of one check and none of the other is worrisome. Can you apply for total temporary disability benefits from both companies to offset as much of your lost wages as possible?
No. One of the prerequisites for workers’ compensation benefits is that you sustained the injury or illness on company time and in the course of your employment. Therefore, you can only ever be eligible to receive TTD from one employer.
Talk to Our Maryland Workers’ Compensation Lawyers Today
If you suffered a workplace injury that prevents you from working entirely, temporary total disability benefits could be a vital lifeline to maintain financial stability while you recover. The Maryland workers’ compensation lawyers at Trollinger Law LLC can help you navigate the complex process of applying for TTD payments. Call or contact us today for a free case review.