Being off work after a job injury is stressful enough without also wondering whether your next paycheck will show up. Temporary total disability (TTD) benefits exist to replace a portion of your lost wages while you recover and cannot work, but that does not mean the insurance company pays them without a fight. Benefits get delayed, disputed, and cut off, sometimes just when you need them most.
If you are receiving TTD benefits and they have been reduced or stopped, or if you have filed a claim and are waiting for benefits to start, our lawyers can help you figure out where things stand and what to do next. Reach out to Atkinson Gerber Law Office for a free consultation. Call (651) 333-3636 or contact us online, and we will come to you if getting to our office is not possible right now.
TTD disputes can move fast. An insurer can send notice cutting off your benefits, and if you do not respond correctly and quickly, you may lose income you are legally owed. Having someone in your corner who knows how this process works can make the difference between keeping your benefits and scrambling to appeal a wrongful termination of payments.
Our team at Atkinson Gerber Law Office has over 70 years of combined experience handling workers’ compensation cases throughout Minneapolis and the rest of Minnesota.
Our firm offers:
Attorney Tom Atkinson has spent nearly 30 years working exclusively in this area of law, and he knows it from the inside out: he has personally been through a workers’ compensation claim after suffering a workplace injury himself. That perspective is rare, and it influences how our firm treats every person who calls us.
Under Minnesota Statutes § 176.101, subd. 1, you are entitled to temporary total disability benefits when a work injury leaves you completely unable to work for a period of time. The weekly benefit equals two-thirds of your weekly wage at the time of the injury, subject to minimum and maximum limits that are adjusted each year.
To receive TTD, you generally need medical documentation from your treating physician confirming that you are unable to work due to your injury. That restriction, and the date it was first documented, matters a great deal to how your claim is valued and how quickly benefits begin.
TTD benefits are not permanent. They are designed to bridge the gap between your injury and your return to work or your reaching what is called maximum medical improvement (MMI). Once your doctor determines that your condition has stabilized and additional treatment is unlikely to produce meaningful change, your TTD benefits can end even if you are still in pain or still unable to return to your previous job.
A few things to know about how TTD is structured in Minnesota:
One of the most common problems our clients face is having TTD benefits stopped before they should be. Insurers often do this by claiming you have reached maximum medical improvement before your own doctor has said so. They may arrange an independent medical examination (IME) with a physician hired by the insurer who concludes you can return to work, or disputing whether your ongoing symptoms are actually connected to the work injury.
If your benefits have been cut off and you believe it was premature, you have the right to contest that decision. A workers’ compensation judge can order reinstatement of benefits if the insurer acted without proper grounds. Time limits apply, so getting legal advice promptly after a benefit termination notice is important.
Receiving a light-duty job offer during your recovery is one of the situations that confuses people the most. If your employer offers you modified work that falls within the restrictions your doctor has set, and you refuse it without a good reason, your TTD benefits can be reduced or stopped entirely.
That said, not every light-duty offer is legitimate. The job has to be real, consistent with your documented restrictions, and reasonably close to your pre-injury wage and hours. If the offer does not meet those standards, refusing it may not disqualify you from benefits. Before you respond to a light-duty offer, especially if something about it does not seem right, it is worth talking to someone who handles these situations regularly.
TTD benefits have a 130-week maximum in most cases. That does not mean your workers’ compensation case is over when that limit is reached. Depending on your condition, you may be eligible for other types of benefits, including:
Each of these has its own standards and process. If your TTD benefits are nearing their limit and your recovery is not where it needs to be, it is worth reviewing your options now rather than after benefits stop.
Minnesota law does not prohibit termination during a workers’ compensation claim, but your right to benefits generally continues regardless of your employment status. If you believe you were retaliated against for filing a claim, that is a separate issue worth discussing with our Minneapolis temporary total disability benefits lawyers.
A return-to-work release from your doctor does not automatically end your claim if the work available to you exceeds what you can actually do. If you are released to work but your employer cannot accommodate your restrictions, or if no suitable work exists, you may still be entitled to benefits. The specifics depend on your restrictions and what your employer offers.
Yes. Your benefit is calculated based on your actual average weekly wage at the time of the injury, regardless of whether you worked full-time or part-time. If you held multiple jobs, income from other employment affected by the injury may also factor into your wage calculation under Minnesota law.
A workplace injury takes enough out of you physically. Chasing down the benefits you are legally owed should not have to be your second job. Whether your claim is just getting started or your benefits have already been cut off, our team is ready to step in and help you get back on solid ground.
Atkinson Gerber Law Office offers free consultations and can meet you at home or in the hospital if coming to our Minneapolis-area office is not an option right now. Call (651) 333-3636 or contact us online to talk through your situation today.