Temporary Disability Benefits and Work Restrictions
What are your responsibilities if your doctor gives you work restrictions?
What are your employer’s responsibilities?
If your treating doctor has you off work and your case is admitted, you are entitled to Temporary Disability (TD) Benefits. As a general rule, TD benefits are two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. There are maximum and minimum TD amounts set by law. You are entitled to a maximum of 104 weeks of TD benefits within 5 years from the date of injury.
TD benefits will end if you have been paid 104 weeks of TD benefits OR if your doctor returns you to your regular job OR if you return to modified work OR if your doctor finds you to have reached ‘permanent and stationary’ disability.
If your treating doctor gives you work restrictions (for example, no lifting over 10 pounds) you need to take the work restrictions to your employer and ask for modified work within the restrictions. If your employer does not offer you modified work within the work restrictions, you will stay off work and receive TD benefits. If your employer offers you modified work within the work restrictions, you need to try the work.
It is very important your doctor knows and understands your job activities and demands so your doctor can keep you off work or give you appropriate work restrictions.
If you have any issues, contact your union, or feel free to contact us with any questions. We want our clients to receive all the proper benefits so they can get better and get back to work!
Ford & Wallach offers a free case evaluation. Contact us by email or call 213.380.3140.
