WC Entitled Rights: Temporary Total Disability
In Utah, workers compensation laws play a pivotal role in safeguarding the interests of employees who sustain injuries or fall ill due to their workplace environment, especially when faced with a temporary total disability. These laws are structured to provide comprehensive support, covering various aspects of an employee’s well-being post-injury or illness.
At Alta Legal, our workers compensation attorney in Utah, emphasizes that injured workers are entitled to compensation that covers medical expenses and a portion of their lost wages. In this article, understand the essential aspects of Utah workers compensation, focusing on temporary total disability and the compensation rights associated with it.
What Is a Temporary Total Disability?
A temporary total disability (TTD) occurs when a work-related injury or illness completely prevents you from performing your job duties, but only for a limited period.
- Complete Inability to Work: The defining feature of TTD is that the employee is wholly unable to carry out their job responsibilities. Unlike partial disabilities where an employee may still perform some aspects of their job, TTD signifies a complete interruption of the employee’s capacity to work in their usual role.
- Temporary Nature: The term ‘temporary’ in TTD is key. It implies that the disability is not permanent. The expectation is that the employee will recover and eventually return to their job. This temporary aspect distinguishes TTD from permanent disabilities that either completely prevent a person from working ever again or significantly limit their ability to work in the future.
Since the disability is total, the employee may be entitled to a higher level of benefits compared to partial disabilities. These benefits are designed to compensate for the employee’s full absence from work. However, these benefits are not indefinite and are expected to cease once the employee has recovered sufficiently to resume their job or an equivalent role.
Temporary Total Disability Compensation
Temporary total disability compensation covers various aspects of an employee’s well-being post-injury or illness. This includes:
- Medical Benefits: This ensures that all necessary medical treatments related to the work injury or illness are covered. This coverage is not just limited to immediate treatment but extends to all necessary medical care, including surgeries, medications, and any required rehabilitation services.
- Wage Replacement Benefits: This form of compensation is carefully calculated to represent a portion of the employee’s average weekly wage, effectively mitigating the financial impact caused by their absence from work. Specifically, temporary total disability compensation is determined at two-thirds of the employee’s average weekly wage. However, it is important to note that this amount is subject to a cap, ensuring it does not exceed 100% of the state’s average weekly wage at the time of the injury. Additionally, to further support the financial needs of the family, injured employees are eligible to receive an extra $20 per week for a spouse and $20 per week for each dependent child under 18 years old, up to a maximum of 4 children.
- Rehabilitation Services: These services are vital for employees who need assistance in recovering from their injuries or illnesses and aim to facilitate their return to work. These may include vocational training and other necessary services designed to restore the employee’s ability to work.
Alta Legal plays an instrumental role in making sure that the TTD compensation an employee receives is precisely calculated. The experience of our Taylorsville UT work injury attorney in workers compensation law is vital when dealing with the complex formulas and legal requirements to ascertain the correct compensation amount.
If you find yourself in this situation, do not hesitate to contact us today regarding your workers compensation in Utah.