Am I eligible for temporary disability benefits? – III
In today’s post, we’ll continue with our discussion of temporary total disability benefits — otherwise known as TTD benefits — which are available to those workers here in Colorado who are left completely disabled for a relatively short amount of time
To recap, TTD benefits provide injured workers with two-thirds of their average weekly wage (subject to a predetermined limit), are payable a minimum of once every two weeks, and taxable at neither the state nor federal level.
Under what circumstances would an injured worker see their TTD benefits reduced?
It’s important for injured workers to understand that their TTD benefits could be reduced if any of the following are confirmed:
- They failed to comply with a reasonable safety regulation or use a safety device at the time of their injury.
- They were under the influence of an intoxicating substance at the time of their injury.
- They purposefully misled the employer about their physical capabilities.
- They return to work in some capacity.
- They receive Social Security disability benefits, work comp benefits for the same injury in another state, unemployment insurance benefits, a pension from their employer, or disability benefits from their employer.
- They are behind on child support payments.
The amount of the reduction depends on the circumstances of each case.
Under what circumstances would an injured worker see their TTD benefits stopped altogether?
Similarly, it’s important for injured workers to understand that their TTD benefits could be stopped should any of the following occur:
- They are provided with a written release from their authorized treating physician clearing them for a return to regular work.
- They are provided with a written release from their authorized treating physician clearing them for a return to modified work, their employer makes a written offer of such work, and work is either begun or refused.
- They return to modified or regular work.
- They are determined to have reached maximum medical improvement — MMI — by their authorized treating physician, meaning their illness/injury has stabilized such that the condition will not improve with further medical treatment.
It’s important to note regarding the offer to return to modified work that the injured worker is only entitled to one written notice, such that future offers do not have to be made in the same manner. Furthermore, when it comes to refusal of offers, the injured worker has 24 hours to respond, not including legal holidays or weekends.
We’ll continue examining this topic in future posts, starting to explore more about temporary partial disability benefits.
To learn more about your rights and your options as they relate to temporary disability benefits, consider speaking with a skilled professional as soon as possible.
