The insurance company accepted my claim and started paying me Temporary Disability Benefits. How long will I receive these benefits?

Temporary Disability Benefits typically don’t last forever. There are some exceptions, but usually, TD payments end when:

• Your treating doctor says you can return to your usual and customary job. This is the case even if you don’t return to work;
• You return to your usual job or to modified or alternate work at your regular wages (or at wages associated with a maximum limit on TTD payments).
• You have reached a point where your condition is not improving and not getting worse (when this happens, your condition is called “permanent and stationary”); or
• You were injured on or after January 1, 2008, and received up to 104 weeks of TD benefits (that’s two years worth of TD benefits) within five years from the date of injury;
• You were injured sometime on or after April 19, 2004, through December 31, 2007, and received up to 104 weeks of TD benefits within two years from the start of payments. This is slightly different than being hurt after January 1, 2008 in that you may not receive a full 104 weeks of benefits. Keep in mind that workers whose injuries involve acute and chronic hepatitis B, acute and chronic hepatitis C, amputations, severe burns, human immunodeficiency virus, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis, or chronic lung disease may receive up to 240 weeks of TD benefits within five years from the date of injury.

When TD payments end, the Insurance Company must send you a letter explaining why the payments are ending. The letter must list all TD payments sent to you and can have a ledger of benefits paid to you. This letter must be sent within 14 days after your final TD payment.

As always, there may be exceptions to these guidelines so it is important that you speak to an experienced attorney to ensure you receive all of the benefits you’re entitled to receive under the law.