Temporary Total Disability (TTD) Lawyer in Columbus, Ohio
In a nutshell, are you temporarily unable to work? If yes, then you may be entitled to temporary total disability compensation.
Temporary total disability compensation is a form of workers’ compensation available to injured employees who have been involved in a workplace accident and are temporarily, medically incapable of returning to work (i.e. the “former position of employment”) as a result of his work injury or work accident. The following is a brief overview of temporary total disability benefits in Ohio.
Temporary Total Disability Requirements:
In order to receive temporary total disability comp you need two things:
- A Medco-14 form completed by your doctor AND
- A C-84 form completed by you (typically completed at your doctor’s office at the same times as the Medco-14)
The Medco-14 will state that you are either taken off work completely or that you can return to work with restrictions. The important things to look for in the Medco-14 form is the period of time you are “certified” to be off work. During this certification period you are entitled to temporary total disability compensation. The other key take away is that the medco-14 must “certify” you for conditions allowed in your claim. All certify means is that the doctor wrote in the medco-14 form.
For example if your doctor certifies you temporarily and totally disabled from October 1, 2020 until December 31, 2020 for a lumbar sprain. If your claim is allowed for a lumbar sprain then you may received ttd comp. BUT if your doctor writes in the medco-14 that you are ttd due to a herniated disc and your claim is not allowed for a herniated disc, then you WOULD NOT be entitled to temporary total disability comp.
This stuff can get tricky and complex real quick that is why you should absolutely contact an Columbus workers compensation lawyer at the Malek Law Firm as soon as possible.
The Malek & Malek Law Firm has created some helpful videos regarding the Medco-14 and C-84 Form:
What does Temporary Mean:
In this context, the word “temporary” means that there is the expectation of improvement as it relates to the allowed physical or mental conditions in the underlying workers’ compensation claim (i.e. if a condition that is not recognized as having been caused by the work injury is causing the disability then the disabled person will not receive compensation for this period of disability unless this condition is added to the underlying claim, which is an entirely separate process). That is, there must be some indication of a treatment plan and the treatment plan should hopefully demonstrate the likelihood of improvement in the allowed conditions in the claim or an allowed condition in the claim.
The other element in order to be found eligible for Temporary Total Disability Compensation is that one must demonstrate that he or she is unable to return to his or her former position of employment, which were the job duties that the injured person was performing at the time of the injury. If one can only return to restricted duty work then an injured worker may still receive comp in under one circumstance. If the employer makes a “Written Light Duty Job Offer” that accommodates the work restrictions listed on the Medco-14 form then the injured worker is required to work in this restricted duty capacity. If the employer CANNOT ACCOMMODATE the work restrictions, then the injured worker MAY be entitled to temporary total disability comp.
Medco-14 and Restrictions are discussed by Workers Comp lawyer Kip Malek here:
Maximum Medical Improvement:
In the event that the claimant has reached what is called Maximum Medical Improvement (“MMI”) or a treatment plateau then it would probably be legally appropriate for this injured person’s Temporary Total Disability Compensation to be terminated and possibly the person should pursue some other form of compensation such as Permanent Total Disability Compensation. BUT you can only be found MMI at a hearing at the Industrial Commission.
This is another reason you absolutely must confer with the best workers compensation attorney in Columbus Ohio at Malek & Malek. I always tell my clients that once they have gone down that wrong passageway too long, it is VERY difficult to find your way back to the right path, especially in the instance that your employer is considered self-insured (i.e. typically large employers like the large big-box stores) versus state-funded.
The same rules and regulations apply to both types of employers, but self-insured employers usually retain savvy attorneys, deep pockets and have no qualms about making your life difficult as it relates to securing the benefits and disability compensation that you should receive.
If you have been found MMI at an Industrial Commission hearing then you may be entitled to permanent partial disability compensation, and the time and circumstances may be ripe for you to file for Permanent Total Disability.
Payment of Temporary Disability Benefits from Workers’ Compensation in Ohio
Temporary total disability benefits are paid at 72% of what is called the Full Weekly Wage (FWW) rate. The FWW is determined by 6 weeks of wages prior to the injury divided by 6, 7 days of wages prior to the injury, or if you have worked at a job for less than a week than what you would have made each week at your job.
The basis for the FWW is whichever of the options is higher. The 72% of your FWW is paid for the first 12 weeks of the period you are incapable of working due to your work injury. After 12 weeks, your benefits will be compensated at two-thirds (66%) of your pre-disability weekly wages called your Average Weekly Wage.
The average weekly wage is based on the year of income you made prior to your work injury divided by 52. For example if you were injured on May 26, 2018, and you would provide all the income you made from May 26, 2017 up to May 26, 2018, divided by 52 (the number of weeks in a year). The wage rate is capped by the maximum average weekly wage for the date of injury.
You would provide your wages for all the jobs you worked. If you worked less than 52 weeks prior to the date of injury because you were unemployed, incarcerated, or recovering from an illness, your Average Weekly Wage would be lower. Because you are already being paid at 66 ⅔% of your AWW, you want it to be as high as possible. Our Columbus work compensation attorney team can help to make sure your wage rate is set correctly so you are fairly and accurately compensated. There are a number of ways we can ensure this happens.
If you or a loved one have suffered a work injury or work accident, contact a workers comp lawyer Columbus Ohio at Malek & Malek for a free consultation.