Temporary disability benefits refer to a type of workers compensation that is granted to employees who have been injured on the job and who will not be able to work for at least three days (or for three shifts) due to these injuries. Typically, temporary disability benefits will kick in on the fourth day that a person is unable to work due to his workplace injuries, and the duration of these benefits will depend on the nature and severity of the specific injuries (or illness) in the case. When it comes to granting temporary disability benefits to an injured worker, employers and insurance companies can choose between:
- Temporary partial disability benefits, which attempt to compensate an injured worker who is not able to work his full-time work schedule. These benefits are generally about 66 percent of the difference between what the injured worker was earning per week before the injury and what that same worker is able to earn after the injury.
- Temporary total disability benefits, which apply only to those who are not able to resume work for more than three days. While these benefits do not usually compensate a person for the first three days of missed work, they will do so if the employee has missed more than two weeks of work. Temporary total disability benefits can be calculated in a similar fashion to temporary partial disability benefits, though they may exceed their partial counterpart up to the maximum allowable by Colorado workers compensation laws.
When Temporary Disability Benefits Can Be Stopped
In general, temporary disability benefits – whether they are partial or total in nature – will no longer be paid out when an employee:
- Is able to go back to work full-time and is being compensated with the same wages as he had been before his injury
- Has been cleared by his doctor to return to work on a full-time basis (Temporary disability benefits may also be terminated if an injured worker’s doctor has officially stated that the employee has reached the maximum medical improvement, which means that the condition has stabilized and that additional medical treatments will not make a difference in the condition.)
- Does not return to work within three business days of being cleared by his or her doctor to do so
- Misses a doctor’s appointment and has been notified that not attending this appointment will result in the termination of temporary disability benefits
Applying for temporary disability in Colorado is complicated and tricky; consequently, for the best chances of getting your claim approved and to ensure that you are able to secure the maximum possible benefits, contact the Colorado workers compensation lawyers at the Law Offices of Michael P. Dominick by calling (303) 447-2644.