Understanding Temporary Disability Benefits In Vermont’s Workers’ Compensation Cases
After suffering a work-related injury in Vermont, you may be entitled to a number of different workers’ compensation benefits. Among the various workers’ compensation benefits you may be entitled to are “temporary disability benefits.” Generally, an employee might be entitled to temporary disability benefits if they have to miss work because of their work-related injury or if they cannot perform the same kind of work they were performing before their injury. Temporary disability benefits are meant to replace lost wages.
Under Vermont’s workers’ compensation laws, there are two types of temporary disability benefits. Below, we discuss who decides if an employee can receive temporary disability benefits, the two types of temporary disability benefits, and when temporary disability benefits stop.
Who Decides if You Can Receive Temporary Disability Benefits?
Usually, the employee’s treating doctor decides whether the employee can receive temporary disability benefits. Temporary disability benefits may be due if your treating doctor;
- Takes you off work because of your injury
- Reduces the number of hours you can work or places you on “light duty.”
If your doctor concludes that you cannot work while recovering from your work injury, you may be entitled to temporary total disability benefits. On the other hand, if your doctor concludes that you can work part-time or do some “light duty” work, you may be entitled to temporary partial disability benefits.
Temporary Total Disability (TTD) Benefits
In Vermont, injured workers who cannot work for four days or more are entitled to temporary total disability benefits. Generally, TTD benefits are 2/3rds of an employee’s average gross wages (before taxes). These benefits are usually close to an employee’s net wages (after taxes).
If you have dependent children and are entitled to TTD benefits, you will receive an extra $10 per week for each of your dependent children.
Temporary Partial Disability (TPD) Benefits
Calculating temporary partial disability benefits is more complicated. Fortunately, an attorney can help you calculate the TPD benefits you are entitled to and ensure you are paid what is rightfully yours. Generally, TPD benefits are 2/3rds of the difference between an employee’s average gross wages before and after their work injury.
When Do Temporary Disability Benefits Stop?
Generally, after you start receiving temporary disability benefits, these benefits continue until one of the following happens;
- Your doctor says you can resume work.
- Your doctor says you have reached medical end result (MER) or maximum medical improvement (MMI)
If your treating doctor says you have reached MER or MMI, you could start receiving “permanent disability benefits” after temporary disability benefits stop. MMI is that point where your condition is not expected to change with or without medical treatment. You could start receiving permanent disability benefits after temporary disability benefits stop if your injury caused you a permanent impairment.
Contact a Vermont Workers’ Compensation Attorney
If you suffered a work injury and are seeking workers’ compensation benefits, it is crucial that you work with a qualified workers’ compensation attorney. A skilled attorney can help you calculate, among other benefits, your TTD or TPD benefits and ensure the insurance company does not underpay you.
To get help with your workers’ compensation claim, contact a skilled and dedicated Vermont workers’ compensation attorney at Sluka Law PLC today.