We will pay a portion of your lost wages if your claim is accepted and you are unable to work for more than 3 calendar days. This benefit is called temporary disability. The 3-day “waiting period” may also qualify for payment. To qualify, you must either be unable to work for more than 14 calendar days, or be hospitalized as an inpatient.
The weekly temporary disability rate is two-thirds of your average weekly earnings. The rate is subject to minimum and maximum amounts that the legislature determines. The amounts that are in effect depend upon your date of injury. The table below lists the weekly temporary disability rates for injuries occurring between 2003 and 2012.
For dates of injury in 2003 through 2006, workers with wages less than $189 qualify for a minimum weekly temporary disability rate of $126. Temporary disability payments made two or more years after the injury are recalculated to reflect current rates.
For injuries on or after January 1, 2007, the minimum and maximum temporary disability rates have been increased to reflect the percentage increase in the state average weekly wage (published annually by the U.S. Department of Labor).
You will receive temporary disability payments every two weeks during the time you qualify for this benefit. Generally, temporary disability stops when you return to work. Payments may also end when the treating physician releases you for work or determines your injury has reached a point of maximum improvement.
For injuries on or after January 1, 2008, temporary disability payments will not be extended beyond 104 compensable weeks within five years from date of injury. Certain injuries that typically take longer to heal are exempt. These injuries are subject to a cap of 240 weeks within a five-year period.
The information provided is not intended to supersede or be used in lieu of the “notice of benefits” handout that employers are required to provide to workers. For State Fund policyholders, this notice is in the New Employee's Guide to Workers' Compensation (English/Spanish) - e13286 [448 k].