Temporary Total Disability (TTD) is a component of workers' compensation benefits, which provides financial support to employees who are completely unable to work due to a work-related injury or illness. In New York, TTD benefits are designed to help injured workers cover their living expenses while they recover and are unable to earn their regular income. If you’ve been injured at work and are unable to work, it’s important to understand what TTD claims are and the types of benefits you are entitled to.

The TTD claims process can be complex, but if you are dealing with an injury, you may be overwhelmed. In New York, there are specific laws governing TTD benefits, including eligibility criteria, compensation rates, and the duration of benefits. We will cover this in the following article.

If you are injured at work, Brandon J. Broderick, Attorney at Law has a team of experienced workers comp lawyers in NY to help you settle your claim. Call us today to learn more about how we can help you.

Understanding Temporary Total Disability (TTD)

Temporary Total Disability refers to a condition where an injured worker is completely unable to perform their job duties for a temporary period due to a work-related injury or illness. TTD benefits are intended to replace a portion of the worker’s lost wages during their recovery period. These benefits continue until the worker has recovered sufficiently to return to work or until they reach maximum medical improvement (MMI), where further recovery is not expected.

Legal Options for Victims in New York

In New York, injured workers have the right to file for TTD benefits under the state's workers' compensation system. The process involves several steps, including notifying the employer of the injury, seeking medical treatment, and filing a claim with the New York State Workers' Compensation Board (NYSWCB). Understanding your legal options and the steps involved can help ensure a smooth claims process and secure the benefits you need.

Filing a TTD Claim in New York

Eligibility Criteria

To qualify for TTD benefits in New York, an injured worker must meet the following criteria:

• Work-Related Injury or Illness: The injury or illness must have occurred while performing job-related duties.
• Total Disability: The worker must be completely unable to work in any capacity due to the injury or illness.
• Temporary Condition: The disability is expected to improve with time, allowing the worker to eventually return to work.

Notification and Medical Treatment

The first step in filing a TTD claim is to notify your employer about the injury as soon as possible. This notification should be done in writing and within 30 days of the accident. Prompt notification is important to protect your right to benefits. After notifying your employer, seek medical treatment from an authorized healthcare provider. The medical documentation provided by your doctor will play a critical role in supporting your claim for TTD benefits.

Filing the Claim

To file a TTD claim, you must submit Form C-3 (Employee Claim) to the NYSWCB. This form provides details about the injury, how it occurred, and the extent of your disability. It is important to complete this form accurately and thoroughly to avoid delays or denials. Your employer will also need to file Form C-2 (Employer's Report of Work-Related Injury/Illness).

Compensation Rates and Duration

In New York, TTD benefits are calculated based on the worker's average weekly wage (AWW). The compensation rate is two-thirds of the AWW, subject to minimum and maximum limits set by the NYSWCB. For example, as of July 1, 2021, the maximum weekly benefit is $1,063.05. These rates are adjusted annually to reflect changes in the state's average weekly wage.

TTD benefits are payable until the worker has recovered sufficiently to return to work or reaches MMI. If the worker is able to return to light-duty or part-time work before reaching MMI, they may be eligible for Temporary Partial Disability (TPD) benefits instead.

Challenges and Legal Support

Denials and Appeals

Unfortunately, not all TTD claims are approved. Claims can be denied for various reasons, such as insufficient medical evidence, missed deadlines, or disputes over the cause of the injury. If your claim is denied, you have the right to appeal the decision. The appeals process can be complex and may involve hearings before a workers' compensation judge. Having legal representation can significantly improve your chances of a successful appeal.

Legal Representation Is Important

The TTD claims process can be daunting, but if you have an experienced lawyer guiding you, the success rate of your claim is increased tenfold. An experienced workers' compensation attorney can provide invaluable assistance, from ensuring that all necessary documentation is properly completed to representing you in hearings and appeals, as well as ensuring you do not miss any deadlines.

Call Us Today For Help After Your Work-Related Injury

If you have suffered a work-related injury or illness and need assistance with a Temporary Total Disability claim, Brandon J. Broderick, Attorney at Law, is here to help. Our dedicated team of attorneys have extensive experience in workers' compensation cases and are committed to helping you find your resolution you deserve.

Contact us today for a free consultation to discuss your case and learn more about your legal options.