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Dawn Atkin

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Temporary Total Disability (TTD) pays 2/3 of the injured worker's wages when a doctor takes them off work due to an injury.  TTD continues to be paid every two weeks until Maximum Medical Improvement (MMI) or return to work, whichever comes first.

The benefit rate is based on the wages at the time of the injury.  Specifically, the amount the injured worker would have earned if the accident had not intervened.  The statute outlines various ways to compute the weekly wage.  Read can read the various methods here: http://le.utah.gov/code/TITLE34A/htm/34A02_040900.htm.  But the most common method is the hourly rate X the number of hours scheduled to work the week of the injury. 

Overtime is included in the wage rate if it was scheduled the week of the injury or if overtime occurred weekly.

The wage rate should include all wages from all jobs worked the week of the injury.

For people working less than 20 hours per week, the wage rate is based on 20 hours a week to ensure a minimum benefit.

TTD pays for time off work.  If you find some odd jobs, light duty or any other way to earn some money, it is criminal fraud to be paid for working and accept TTD.  However, the system is set up to encourage people to return to work.  If you find some work that meets your doctor's restrictions, notify the adjuster and provide income records.  The adjuster can then pay Temporary Partial Disability (TPD) on top of your income.  You can read more about TPD here:

TTD ends when you reach Maximum Medical Improvement, MMI or Medical Stability.  This means that you have healed as much as can be expected and the remaining problems are permanent.  At that point, TTD ends, even if you cannot return to work.  Payment for the permanent injury, Permanent Partial Disability (PPD) begins.  Read more about PPD  and Permanent Total Disability Agreements here:

If you reach MMI and have medical restrictions that prevent you from returning to work, there are steps than need to be taken.  Call an attorney at 801 521-2552 to discuss options such as unemployment benefits, vocational rehabilitation, or permanent total disability and social security disability. 

__________________
K. Dawn Atkin
Attorney with Atkin & Associates
(801) 521-2552
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