Temporary Total Disability (TTD) benefits are part of the foundation of Kentucky's workers' compensation system, designed to support employees who are injured on the job and temporarily unable to work. These benefits provide financial relief during recovery, helping injured workers manage medical expenses and lost wages. Understanding how these Kentucky TTD claims work is important in obtaining workers’ comp benefits after a workplace injury.
Our article below will explore the eligibility criteria for TTD benefits, how they are calculated, and the common challenges workers face when filing claims.
For legal help, consult with the Kentucky workers’ comp lawyers at Brandon J. Broderick, Attorney at Law. Call today to schedule a free consultation.
What Is Temporary Total Disability?
Temporary Total Disability benefits are awarded to workers who are injured on the job and are temporarily unable to perform their regular duties. These benefits are intended to cover a worker’s lost income and medical expenses while they recover from their injuries.
In Kentucky, TTD benefits are typically granted when:
- A worker’s injury requires them to miss more than seven days of work.
- The treating physician determines that the worker cannot perform their usual job tasks due to the injury.
- The worker is actively receiving medical treatment or undergoing rehabilitation aimed at returning them to work.
How Are TTD Benefits Calculated in Kentucky?
Kentucky law ensures that injured workers receive a portion of their average weekly wage (AWW) through TTD benefits. The amount is generally calculated as two-thirds (66.67%) of the worker's AWW, subject to minimum and maximum limits set by the state.
For example:
- If a worker earns $900 per week before the injury, they may be eligible to receive approximately $600 per week in TTD benefits.
- The actual amount may vary depending on Kentucky’s statutory caps and minimum thresholds for workers' compensation payments.
TTD benefits continue until one of the following occurs:
- The worker reaches maximum medical improvement (MMI), meaning further recovery is not expected.
- The treating physician releases the worker to return to work, either fully or with restrictions.
- The worker returns to work in a light-duty or modified capacity.
Filing a Temporary Total Disability Claim in Kentucky
1. Reporting the Injury
To initiate a TTD claim, an injured worker must promptly report the injury to their employer. Kentucky law requires employees to notify their employer within a reasonable timeframe—usually no later than 30 days after the injury. Delays in reporting can jeopardize the claim.
2. Seeking Medical Treatment
Obtaining immediate medical care is essential, not just for health reasons but also for establishing documentation of the injury. Workers should inform their healthcare provider that the injury occurred at work so the treatment records explicitly reference it.
3. Filing a Workers’ Compensation Claim
After the injury is reported and medical treatment begins, the employer typically files a First Report of Injury with the Kentucky Department of Workers’ Claims. The worker should ensure all necessary documentation is submitted, including medical records and a statement from the treating physician outlining the worker’s inability to perform their job.
Challenges in TTD Claims
Denied Claims
Employers or their insurance companies may dispute a TTD claim, arguing that the injury was not work-related or that the worker is not completely unable to work. This is why accurate documentation and legal representation are critical.
Disputed Medical Opinions
In some cases, an employer's insurance company may require an independent medical examination (IME) to verify the extent of the injury. Discrepancies between the IME and the treating physician’s opinion can complicate the claim.
Return-to-Work Issues
Employers may push workers to return to light-duty tasks before they are fully recovered. While light-duty assignments can be a valid alternative, they should align with the worker’s medical restrictions to avoid further injury.
Kentucky-Specific Laws and Statutes
Statute of Limitations
In Kentucky, workers’ compensation claims, including TTD claims, must generally be filed within two years of the date of the injury or the last voluntary payment of benefits, whichever is later. Missing this deadline can result in the claim being dismissed.
Permanent Partial Disability (PPD) and Permanent Total Disability (PTD)
Once a worker reaches MMI, they may transition from TTD benefits to either Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits, depending on the severity of their injury. These benefits are calculated differently and may provide long-term support.
How an Attorney Can Help With TTD Claims
The Kentucky’s workers’ compensation system can be overwhelming when trying to file a claim and obtain benefits, especially if an employer or insurance company challenges your claim. An experienced workers’ compensation attorney can:
- Help gather and present evidence to support your claim.
- Represent you in hearings or appeals if your claim is denied.
- Negotiate with the insurance company to ensure fair compensation.
Call Brandon J. Broderick For Legal Help
If you’re dealing with a workplace injury and need assistance filing a Temporary Total Disability claim in Kentucky, Brandon J. Broderick, Attorney at Law, is here to help. With extensive experience in workers’ compensation cases, we can guide you through the claims process, address disputes, and fight for the benefits you deserve.
Contact us today for a free consultation and take the first step toward securing your rightful compensation. We’re here to stand by your side.