Episode 140: In Episode 140, Calloway County attorney Jeff Roberts discusses the 4 types of workers’ comp income benefits available to injured workers. Temporary Total Disability (TTD) provides tax-free wage replacement equal to 63 2/3% of an injured worker’s average weekly wage. This benefit is paid while the injured worker is getting treatment for work injuries or off work on doctor’s orders. TTD can also include income you receive from a second job. Total Partial Disability (TPD) pays when you return to work but are on light duty or restricted hours that might not pay your normal income. TPD helps to bridge that gap. After the injured worker reaches maximum medical improvement, he/she will be assigned an impairment rating. This rating determines benefits you’ll receive after you’ve returned to work. Finally, Permanent Total Disability pays benefits if it’s determined that you cannot continue to work.
While today’s discussion is focusing on income benefits, injured workers are eligible to receive medical benefits including treatment, rehabilitation and prescriptions related to the workplace injury. Click here for a more comprehensive discussion of Kentucky workers’ comp benefits.
What are Temporary Total Disability Benefits?
This income benefit is paid while you’re undergoing medical treatment and while you have to be off of work under doctor’s orders. It’s also called “TTD” benefits.
If the doctor releases you to return to work, but your employer cannot accommodate your work restrictions, the TTD benefits can continue. This might be a light-duty or limited lifting restriction, while you continue to heal.
Temporary Total Disability benefits are essentially lost wage benefits.
In Kentucky, TTD benefits are paid at 66 2/3% of your average weekly wage. However, this amount is subject to a cap. Higher wage earners may exceed that cap, but the amount of benefits they receive is still limited. Most workers usually don’t exceed that weekly wage limit.
TTD benefits are not taxable. This helps to explain why it’s 66 2/3%, instead of 100%.
Income from a second job can also be included in the average weekly wage calculation, but your employer must be aware that you had a second job. It’s a good idea to mention it from time to time to your supervisor or other manager. There’s no formal documentation that you need to submit. Even though you weren’t injured at that second job, the income can still be counted.
It’s important to point out that your second job is excluded, if you are self-employed. Generally speaking, you need to be a W-2 wage earner, in that second job. Employment that’s not subject to workers’ comp would not qualify.
How Long Do Temporary Total Disability Benefits Last?
Your TTD benefits will last until you’ve reached Maximum Medical Improvement (MMI). This is determined by a doctor. It’s the point at which you’ve improved as far as possible. There are no additional medical treatments that will improve your condition. Now, you may still need treatments, even additional surgeries, to maintain your MMI, but you are not expected to heal beyond your current state. At this point, you may be able to return to work. Your temporary total disability benefits will typically stop.
If you are able to return to work, but have restrictions in the types of activities or the hours you can work, your TTD benefits would still end, because you are able to return and the condition is no longer temporary.
When do Temporary Partial Disability Benefits Begin?
Temporary Partial Disability (TPD) benefits are relatively new, in Kentucky. These benefits begin when you’ve been released to return to work, but with restrictions, such as light-duty. The employer may not be able to use you full-time, given your restrictions. The TPD benefits will bridge the gap between the wages you earn from the hours you’re able to work and what you would have received from your previous TTD benefits. That wage difference will be made up by TPD benefits.
If you’re after-tax income is above your recent TTD benefits, you will not receive Temporary Partial Disability benefits.
What are Permanent Partial Disability Benefits?
Permanent Partial Disability (PPD) benefits are meant to compensate you for the negative affects of your workplace injury. Your work-life may not be as long, as a result of the injury, even though you’ve returned to work. Additionally, your limited productivity may cause you to be passed over for promotions and increased wages.
PPD benefits are attempting to compensate you for the deficit in earnings you’ll encounter over time, resulting from your work-related injury.
After reaching Maximum Medical Improvement, you may be given an impairment rating. The higher the number, the more benefits you. Kentucky uses a medical guide that specifies the rating based on the type of injuries and medical procedures you’ve received. Unfortunately, it doesn’t take into account the type of work you perform or your age. Regardless, your total impairment rating and other factors will determine your PPD benefits.
The PPD benefits will be paid in addition to the earnings you receive, even if you’ve returned to the same job.
In Kentucky, your disability benefits will continue until age 70 or a minimum of a 4-year period, whichever is longer. It’s not based on your retirement age.
What Are Permanent Total Disability Benefits?
Permanent Total Disability benefits (PTD), are granted if the judge agrees that you cannot work any other job, even if it’s a different type of job and regardless of the difference in wages.
Your attorney will need to ensure your treating doctor has listed every type of restriction that you’re now facing, as a result of your workplace injury. The more comprehensive the report, the better prepared your attorney will be to petition for Permanent Total Disability, on your behalf, based on the medical records. A vocational expert will usually help to substantiate this condition. He/she will testify that the restrictions/limitations make it virtually impossible for you to find gainful employment. Age is a factor that can be considered in making this ultimate determination.
Jeff offers free, initial consultations to ensure you have the information you need to decide your best options.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers “Small Town Service with Big City Results.”
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Workplace Injury Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
