If you have a work-related disability, and your employer’s workers’ compensation carrier denies you benefits or stops paying your workers’ compensation benefits, you may be eligible for temporary disability benefits.

Work related disabilities are not compensable under the Temporary Disability Benefits Law. These types of disabilities are covered by the Workers’ Compensation Law.  If your disability or injury is work related, you should contact your employer and file a workers’ compensation claim with their workers’ compensation insurance carrier.

However, if you claim the disability is work related but your employer’s workers’ compensation carrier denies you benefits, or if the workers’ compensation carrier stops workers’ compensation payments, you may file a claim with the Division of Temporary Disability Insurance.  In order to be eligible for temporary disability benefits, you must meet all the requirements of the Temporary Disability Benefits Law, file a formal claim petition with the Division of Workers’ Compensation and agree to reimburse the Division of Temporary Disability Insurance if you are awarded Workers’ Compensation benefits.  A lien will be filed by the Disability Insurance Service to protect its subrogation rights against any subsequent workers’ compensation award.

You have 30 days from the first day of disability in which to file your claim.  If your claim is received more than 30 days from the start of the disability, you must show good cause why the claim was not filed timely.  If good cause is not shown, benefits may be reduced or denied.

There is no set requirement as to how often you must see your physician.  However, to continue receiving temporary disability benefits you must be under the continued care of your doctor.  Periodically, forms will be mailed to you to obtain updated medical information.  Those forms must be completed by you and your physician and returned to this Division.

If you have been injured at work and have questions with regard workers’ compensation benefits in general or the issues discussed here, please contact me or any of our workers’ compensation attorneys for a free consultation.