TEMPORARY DISABILITY V. PERMANENT DISABILITY

Temporary disability (TD) are payments made due to your inability to work or your employer’s inability to accommodate your work restrictions due to a work related injury. An injured worker is entitled to 104 weeks (2 years) of temporary disability benefits for an injury . For injuries occurring between 4/19/04 and 1/1/08, the injured work is entitled to 104 weeks within two years from the date of commencement of temporary disability payment. After 1/1/08, the injured worker is entitled to 104 weeks total of TD within 5 years of the date injury. Some exempt injuries have a 240 week cap on TD.

TD benefits are 2/3, two-thirds, of your gross pre-tax wages while you’re recovering from a job related injury. You can’t receive more than the maximum weekly amount or less than the maximum weekly amount set by law. TD is determined by the amount of money you had from your job you were injured at, but also any second job or other earned incomes like tips, overtime, bonuses and housing.

Permanent Disability (PD) is an amount that is supposed to compensate the injured worker for the fact that they have a continuing disability work injury. Typically, a neutral doctor (AME or QME) will examine the injured worker and if the worker has reached a stable level in care, MMI or P&S, the doctor will rate the worker using the AMA guides 5th edition. This rating, is adjusted for age and occupation, and determines the injured worker’s permanent disability award.