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 the 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 temporty total disability is and how it is calculated. These questions and more are answered below.
What Is TTD In Workers’ Comp?
TTD stands for temporary total disability in workers’ comp. It refers to a temporary condition where an injured worker is unable to perform any work due to a work-related injury or illness. It is a classification that entitles people to receive wage loss benefits. Workers’ compensation pays lost wages to individuals who are unable to work.
During TTD, the worker receives weekly workers’ comp benefits that should equal 80% of an employee’s after-tax average weekly wage subject to a state-wide maximum. These benefits typically last until the worker is medically cleared to return to work or reaches maximum medical improvement (MMI).
Who is Eligible for TTD Workers’ Comp in Michigan?
- Work-Related Injury or Illness– You must have suffered an injury or illness that arose out of and in the course of your employment.
- Unable to Work Due to Disability– You must be medically unable to perform your regular job duties because of the work-related condition.
- Doctor-Certified Total Disability – A treating physician must confirm that you are temporarily and totally disabled from working.
- Wage Loss as a Result of the Disability – You must be experiencing an actual loss of wages due to your inability to work.
- Waiting Period Requirement – Temporary total disability benefits begin on the 8th day of disability, and if you are off work more than 14 days, you are paid from day one.
- Timely Injury Reporting – The injury must be reported to your employer within 90 days to qualify for benefits.
- Proof of Wage-Earning Capacity Loss – You must show that your ability to earn wages in jobs suited to your training and experience has been affected.
- No Refusal of Reasonable Employment – If your employer offers a light-duty or modified job within your restrictions and you refuse it without good reason, you may lose eligibility.
- Must Not Be at Maximum Medical Improvement – Temporary total disablity benefits are only paid while you are still in recovery and have not reached your maximum medical improvement (MMI).
How is temporary total disability calculated?
In Michigan, workers’ comp temporary total disability (TTD) 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 even second jobs should be included. Tax filing status and the number of dependents will be used to set a weekly rate.
Watch out for insurance companies who simply estimate temporary total disability 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 companies screw 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?
In Michigan, employees hurt on-the-job get total temporary disability (TTD) workers’ comp benefits 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 workers’ comp cuts off TTD benefits in Michigan?
In Michigan, individuals who find their workers’ comp TTD cut-off can challenge this decision in court. We recommend getting a free telephone consultation with a lawyer. Temporary total disability 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.
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 at (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
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.
Remember, every workers’ comp claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers’ Comp Lawyers law firm has consistently secured the largest settlements in the state and is the best choice for your case. We never charge a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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