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Workers' Compensation Attorney in Minnesota

Temporary Total Disability (TTD)

When you are injured on the job, the repercussions can be overwhelming. The Minnesota Workers' Compensation system can be complex and challenging, but it is aimed at providing fair compensation to an injured worker. Temporary Total Disability (TTD) benefits are wage loss benefits designed to provide financial relief for workers who are unable to return to work for a limited time period due to a work-related injury or illness, allowing you to focus on your recovery without the added stress of financial instability. It is essential to understand the specific criteria and process for obtaining TTD benefits so that you receive the support you are entitled to. 

Overview of Temporary Total Disability (TTD) 

When an employee suffers a work-related injury or illness that temporarily prevents them from performing their job duties, temporary total disability benefits (TTD) step in to compensate an injured employee for their lost wages.  The amount of these weekly payable benefits are calculated using two-thirds of the worker's average weekly wage as of the date of the injury, although exact figures can vary based on state law. Additionally, TTD benefits are generally capped at both minimum and maximum levels, ensuring that the payments are fair yet sustainable. 

To qualify for TTD benefits, the employee must provide medical documentation, usually in the form of a Report of Workability, confirming their treating physician's opinion of the employee's inability to work due to the work injury. Furthermore, there are time constraints and procedural requirements that must be followed to secure these benefits. 

Calculating Average Weekly Wages

Calculating an injured worker's average weekly wage starts by determining the injured worker's daily wage. Vacation, holiday, and sick days as well as earnings from a second job are generally included when calculating daily wages. However, tips and gratuities paid directly to the employee by a customer are not included unless the employee reports these tips to the employer.

When an injured worker is a salaried employee and their paychecks are always identical, determining the average weekly wage on the date of injury is easy.

However, when an injured worker's weekly or bi-weekly paycheck is never the same, determining the daily wage divides the total amount of the gross wages paid in the 26 weeks before the date of the injury by the total number of days in which those wages were earned.

It is wise to consult an experienced workers' compensation attorney like Todd Gardner to make sure you are receiving the correct temporary total disability benefits owed to you.

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Steps in Filing a Workers' Compensation Claim for Temporary Total Disability Benefits

Filing a claim for temporary total disability wage loss benefits can be complex, but understanding the process can help ease your concerns. Below are the vital steps involved: 

  1. Report your injury: Notify your employer about the injury or illness as soon as possible. Delayed reporting can affect your eligibility for benefits. 

  1. Seek medical attention: Obtain immediate and appropriate medical care. It's crucial to follow all medical advice and keep records of your treatments. 

  1. File a workers' compensation claim: Submit the necessary paperwork to your employer, who will then report the incident to their workers' compensation insurance carrier. 

  2. Receive benefits: If approved, you will start receiving TTD benefits to cover a portion of your lost wages during your recovery period. 

  3. Consult an attorney: Speak with a workers' compensation attorney like Todd Gardner to evaluate your claim and understand your rights. 

  4. Medical evaluation: The insurance company may require a medical examination to assess the extent of your disability. 

  1. Follow-up: Regularly update your employer and the insurance company about your recovery progress and any changes in your medical condition. 

How Our Firm Can Help

At Gardner Law Office, LLC, we are dedicated to advocating for injured workers in all of Minnesota, including Minneapolis, St. Paul, Roseville, Edina, Blaine, Eden Prairie, Brooklyn Center, Bloomington, Woodbury, Fridley and beyond into greater Minnesota. With nearly 25 years of experience, our team will guide you through your workers' compensation claim. 

Frequently Asked Questions

How long do Temporary Total Disability Benefits last? 

  • TTD benefits are typically provided until you are able to return to work or when a medical professional determines that your condition has stabilized and is unlikely to improve further. 

Can I work while receiving TTD benefits? 

  • TTD benefits are payable only to injured workers who cannot work at all due to their work injury. If you are capable of working in a limited capacity, you may qualify for Temporary Partial Disability (TPD) benefits instead. 

What should I do if my TTD benefits are denied or discontinued? 

  • If you are notified by the insurer that your TTD benefits are being discontinued, and you have not returned to work, you have the right to appeal the decision, but must do so within 12 days of the day you received the Notice to Discontinue. You need to immediately consult with an experienced workers' compensation attorney to help you object to the discontinuance and improve your chances of a favorable outcome. 

Workers Compensation Attorney Serving Minnesota 

At Gardner Law Office, LLC, we are here to provide the legal assistance you need for your TTD claim. If you or a loved one has been injured at work and are unable to return to your job, don’t hesitate to reach out to us for a free consultation. Let us help you secure the temporary total disability benefits you deserve and support you on your path to recovery. For more information or to schedule your free consultation, contact Gardner Law Office, LLC today. We’re committed to standing by your side every step of the way.