Performing work in any environment can include exposure to risks, workplace accidents, and occupational diseases. Every worker in Colorado would surely agree that the loss of pay resulting from these unforeseen circumstances will likely bring a series of financial challenges. Luckily, the state of Colorado has several laws in place to protect workers in case of an accident or occupational disease. A competent Greeley workers compensation lawyer can help in securing you your benefits.
Under Colorado law, however, there are certain details that only a disability attorney can help you with. A worker disabled because of an accident or disease can claim disability benefits. There are two types of disabilities recognized under the law: temporary and permanent. This article covers temporary disability.
According to the law, temporary disability occurs when a worker is unable to report to work for three consecutive shifts or days because of a workplace injury or disease. The temporary disability, therefore, begins on the fourth day that the worker fails to perform work. Temporary disability benefit is the monetary benefit provided to the disabled worker. It serves as a wage replacement paid every two weeks until the temporary disability is cured or terminated under the law.
Types of temporary disability
There are two types of temporary disability: total or partial.
- Temporary Total Disability (TTD)
This occurs when the worker is injured temporarily but is totally disabled and unable to perform any work and earn wages.
- Temporary Partial Disability (TPD)
With Temporary Partial Disability, when a worker suffers temporary partial disability and he is able to return to work before reaching his Maximum Medical Improvement (MMI), but not to his usual duties or must return to a modified duty. This also applies when the injured workers is able to return to work but is earning less than his average weekly wage.
Benefits
The difference in the type of temporary disability comes down to how much money the worker is entitled to. For temporary total disability, the benefit is equivalent to 2/3 of the injured worker’s average weekly wage up to $800 weekly. For temporary partial disability, the benefit is equivalent to 2/3 of the difference between pre-injury wage and the wage given during the part-time or modified employment period. An experienced disability attorney can help you claim the right amount of benefits on your behalf.
Because the disability is only temporary, the benefits will last as long as the disability exists. Under Colorado law, temporary disability benefits will cease to be given when the authorized treating physician gives the worker a release to return to regular work, when the worker fails to report for a medical appointment with knowledge that such absence results in suspension of benefits, or when the authorized treating physician finds that the worker has reached his MMI.
Claiming disability benefits can be arduous, confusing, and complicated. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact our Denver or Greeley Disability Lawyers or call us at 303-780-7329 for your free consultation.
