Temporary disability benefits are different from permanent ones—they’re meant to support you while you’re recovering, not for long-term or lifelong injuries. Here’s the scoop on temporary disability benefits: who can get them, how the payments are worked out, and what happens if your situation changes.
So, who can actually get temporary disability benefits? The main thing is that you’re recovering from a work-related injury or illness that’s stopping you from doing your job. Basically, if you can’t work because of the injury and it’s not considered permanent yet, you might qualify.
Temporary benefits are for that in-between phase where your recovery isn’t set in stone—your condition might get better, worse, or go back and forth. As long as you’re unable to return to work and haven’t hit maximum medical improvement (the point where your doctor says your recovery is as good as it’s going to get), you can keep getting these benefits.
There’s also a difference between temporary total and temporary partial disability. If your injury makes it impossible to work at all, you could get temporary total disability benefits. But if you can work in a limited way—like part-time or with restrictions—temporary partial disability benefits can help make up for the drop in your earnings.
How much you get depends on what you were earning before the injury and the rules in your state’s workers’ comp system. Generally, you’re entitled to about two-thirds of your gross average weekly wage.
Sounds straightforward, right? But there’s a little more to it. Your average weekly wage is usually figured out by adding up your gross earnings from the 52 weeks before your injury and then dividing by the number of weeks. That gives them an average to base your benefits on.
Here’s where it gets tricky: even though you’re entitled to two-thirds of that amount, there’s usually a cap. This maximum payout changes every year and is tied to the state’s average wage. If you were earning a high salary before your injury, this cap might limit your benefits. For instance, if you made $3,000 a week, two-thirds would be $2,000. But if your state’s cap is $1,145, that’s the most you’d get, no matter how much you were making before.
The cap keeps things consistent across the board, but it can be frustrating if you had higher earnings. The silver lining? These payments are tax-free, so whatever you’re approved for is exactly what you’ll get in your pocket.
Usually, these benefits are paid every two weeks, even though the amount is calculated on a weekly basis. So, instead of getting a check every week, you’ll get one every other week that covers two weeks of payments.
Most of the time, payments come as a physical check mailed to your home. But if your mail service is slow or unreliable—or if you just don’t want to deal with waiting—you can choose direct deposit instead. With direct deposit, the insurance company sends your payments straight into your bank account.
Setting it up is pretty easy. You (or your lawyer) just need to give the insurance company your bank info, like your account and routing numbers, and they’ll take it from there. Once it’s set up, your money will go straight into your account every two weeks, no hassle.
Direct deposit is super convenient—your payments show up faster, it’s more reliable, and you don’t have to stress about delays when you need the money most.
A big thing to know about temporary disability benefits is that they can change as your recovery moves along—they’re not fixed. If your condition improves, your benefits might go down. If things get worse, your benefits could go up. It all depends on what your doctor reports and how you’re doing.
For instance, if your doctor says you’re getting better and can handle light-duty or part-time work, your benefits might be reduced since you’re able to earn some money. On the flip side, if your condition takes a turn—like needing surgery or more treatment—your benefits could increase to reflect a higher level of disability.
If you’re able to go back to full-time work and earn the same pay as before your injury, your temporary benefits will likely stop completely. Even if you’re still dealing with pain or ongoing treatment, workers’ comp may no longer consider you "disabled" from a wage-earning perspective once you’re back to making your old income.
The main takeaway? Temporary disability benefits are there to help while you’re out of work or your earnings are limited. As your situation changes, so do your benefits. That’s why it’s super important to keep your doctor updated on your recovery and stay on top of any paperwork to avoid hiccups.
If you’ve been assigned a temporary partial disability, there’s something important you need to keep in mind: the work search requirement. This means that to keep getting your temporary benefits, you might need to actively look for a job that works within the physical limits your doctor has set.
This usually comes into play when your doctor or a workers' comp judge decides that, while you can’t go back to all your normal job duties, you’re still able to do some kind of work—whether it’s part-time, light-duty, or a modified role. At this point, workers' comp expects you to try finding a job that fits your situation.
You don’t have to land a job right away, but you do need to show you’re putting in a good-faith effort. This might mean going to job interviews, applying for jobs that match your abilities, or even doing vocational training. If you don’t stick to this requirement, your benefits could be reduced or even cut off.
Sometimes, your employer might offer you a light-duty position. If they do, you’re expected to give it a shot, as long as it fits your doctor’s restrictions. But if your employer can’t offer something that works for you, you may still need to look for work elsewhere unless you’re staying on the payroll.
Staying on top of this requirement is key to making sure you don’t lose your benefits. If you’re feeling unsure about what’s expected or how to handle the process, a lawyer can help you navigate everything and keep things on track while you recover.
If you're feeling uncertain about your temporary disability benefits or just want to make sure you're getting everything you deserve, don’t hesitate to reach out. I’m here to answer your questions and guide you through the process, no pressure.
Whether you just need some advice or you're ready to take the next step in your case, feel free to give me, Rex Zachofsky, a call at 212-406-8989. My team and I are ready to help however we can.
.webp)
.jpeg)
