Michigan work injury lawyer explains what TTD is and how these benefits are calculated.
We understand how difficult getting hurt on-the-job is for our clients. Many of them live paycheck-to-paycheck and not being able to work can be a financial disaster. Missing even one paycheck is a big deal when rent is due, utilities need to be paid, and food must be put on the table. This is why TTD is important to your Michigan workers’ comp case. But we often get asked by clients what TTD is and how it is calculated. These questions and more are answered below.
What Is TTD In Workers’ Comp?
TTD in workers’ comp is shorthand for temporary total disability, which is a classification that entitles people to receive wage loss benefits. Workers’ compensation pays lost wages to individuals who are unable to work. The amount paid should equal 80% of an employee’s after-tax average weekly wage subject to a state-wide maximum.
How is TTD calculated in Michigan?
In Michigan, temporary total disability is based upon 80% of an employee’s after tax average weekly wage. It is calculated using the highest 39 weeks out of the 52 weeks before the accident. Overtime, discontinued fringe benefits, and second jobs should be included. Tax filing status and number of dependents will be used to set a weekly rate.
Watch out for insurance companies who simply estimate TTD in your Michigan workers’ comp claim using an hourly rate. Wage records from the employer should be obtained and used to calculate an exact amount. We have seen people get hundreds of dollars less each week because some insurance company screwed up. There is a 1 year back rule that applies to underpayments so unless a person catches the error quickly, they could be out of luck to recoup what is owed to them.
Insurance companies also use post-injury wage earning capacity (PIWEC) to artificially reduce temporary total disability benefits. This happens when a vocational counselor prepares a labor market survey showing there are jobs available in the general economy. Phantom wages are then used to reduce what is paid in temporary total disability benefits. These labor market surveys are not always fair and should be challenged when obviously wrong.
How long does TTD in workers’ comp last in Michigan?
Employees hurt on-the-job get total temporary disability if they cannot work. The amount equals 80% of their after-tax average weekly wage. We tell people that a good rule of thumb is to expect 60% of gross pay. Temporary total disability should be paid for the length of disability but can be offset based upon old age or Social Security retirement benefits.
Insurance companies also use the independent medical examination (IME) to cut-off total temporary disability benefits. These doctors are hired guns and they make careers out of testifying against disabled employees. We recommend speaking to an experienced workers’ comp lawyer should this occur.
What happens if TTD gets cut-off in Michigan?
In Michigan, TTD in workers’ comp is a safety net for employees who are hurt on-the-job, and it pays 80% of a person’s after-tax average weekly wage. Individuals who find their temporary total disability cut-off can challenge this decision in court. We recommend getting a free telephone consultation with a lawyer.
Injured while on-the-job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and have questions about TTD in your workers’ comp claim, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.