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Temporary disability indemnity (TD) benefit is meant to aid injured workers while they are still recovering from their injury.  TD is calculated by taking ⅔ (two-thirds) of your average weekly wages (AWW).  A person can receive TD if your work is unable to accommodate your work restrictions given to you by your primary treating physician (PTP) or if your PTP takes you off work so you can recover.  You should be entitled to this benefit with medical certification if you have not reached your maximal medical improvement (MMI).  Always check to make sure the insurance company is paying your correct rate, do they have the right average weekly wage?  

The maximum number of weeks you can receive TD is 104 weeks (about two years).  You can only receive this benefit if it is within 5 (five) years of your date of injury.   If you have a seasonal job, you cannot get TD in the off-season if you do not regularly work during the off-season.  This unfortunate precedent was created by the case Signature Fruit v. WCAB.

If you have questions about TD or other workers’ compensation benefits, call Redula & Redula LLP to make an appointment with one of our attorneys. 

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