Temporary Total Disability Compensation for Ohio Workers
by Casaundra Johnson | May 05, 2021 | Temporary Total Disability Compensation
Understanding Temporary Total Disability Compensation
Temporary total disability compensation often referred to as “TTD”, is one of the many types of compensation available to injured workers who have an allowed Ohio workers’ compensation claim. TTD compensation is meant to help replace lost wages while the injured worker is recovering from a work injury, and it is often the first type of compensation an injured worker receives in a workers’ compensation claim.
Qualifying for Temporary Total Disability (TTD) Compensation
Under Ohio law, temporary total disability is the temporary inability of the injured worker to return to his/her former position of employment. The term “former position of employment” means the injured worker’s position and work duties as they existed at the time of the injury. Thus, to qualify for TTD compensation, injured workers must prove they are unable to perform their regular job duties without restrictions.
While an injured worker who has taken off work and completely restricted from any kind of work due to a work injury is certainly temporarily and totally disabled, injured workers do not have to prove they are incapable of all types of work activity to qualify for TTD compensation. Injured workers who have been released to return to work with modified duties are also eligible for TTD compensation when the employer does not have work available that is within the injured worker’s restrictions.
To receive TTD compensation, an injured worker must have missed more than seven (7) days of work due to a work-related injury. If an injured worker misses work for eight (8) or more calendar days, TTD compensation can be paid beginning on the eighth (8) day of disability. TTD compensation is paid for the first seven (7) days of work only when an injured worker has been off work for at least 14 consecutive days due to the work injury.
An injured worker cannot receive TTD compensation if they are working in any capacity. Any work activity, including self-employment and part-time work, disqualifies injured workers from receiving TTD compensation. However, other types of compensation, such as working wage loss, may be available to injured workers who are working but earning less pay due to medical restrictions.
How much are temporary total disability (TTD) compensation payments?
TTD compensation is typically paid on a biweekly basis, and the amount of an injured workers’ TTD benefit is based on the injured workers’ prior earnings. The first twelve (12) weeks of TTD compensation is paid at 72% of the injured worker’s full weekly wage (FWW). The FWW rate determined by taking the higher of:
- The injured worker’s gross wages (including overtime pay) from all employers during the six (6) weeks prior to the date of injury, divided by six, or
- The injured worker’s gross wages from all employers (excluding overtime pay) over the seven days (last pay period) prior to the date of injury.
After the first twelve weeks of disability, any further TTD compensation is paid at 66.666% of the average weekly wage (AWW). The AWW is calculated by taking the injured worker’s total earnings from all employers during the 52 weeks before the work injury and then dividing by 52.
How long will I receive temporary total (TTD) compensation?
If there is appropriate medical evidence on file supporting TTD compensation, your payments will generally continue until one of the following occurs:
- You return to work (for any employer on a full or part-time basis);
- Your treating physician releases you to return to your former position of employment;
- Your employer or another employment makes work available within your restrictions/physical capabilities;
- You have reached maximum medical improvement (a treatment plateau where further improvement is not expected with continued treatment);
- You are incarcerated; or
- You voluntarily abandon your employment.
If your TTD compensation is stopped, you may still qualify to other types of compensation. In some cases, you may be entitled to TTD compensation again in the future if your conditions worsen, you develop other disabling conditions that were caused by your work injury, or there are other new and changed circumstances that would justify reinstating TTD payments. If you or a loved one has any questions about TTD compensation, please stop in to one of our seven offices at The Bainbridge Firm to discuss your claim.