To be eligible for temporary total disability benefits in Oklahoma you must be unable to work for more than seven (7) calendar days due to your injuries. It is important to note that unless the Court finds you were unable to work for more than twenty one (21) days no benefits are paid for the first seven (7) days. In many cases the payment off TTD benefits does not require an order from the Court. If the law is being followed and your case hasn’t been denied the payments will start once you are found to be temporary totally disabled. In the event that the payment doesn’t commence your attorney will set the matter for a trial. At the trial your attorney will ask you questions and present competent medical evidence of you inability to return to work.
Length of Temporary Total Disability Payments
Under Oklahoma Workers Comp law the amount of money you will receive for temporary total disability is based on your average weekly wage before you were injured. You will receive 70% of your average weekly wage up to the State’s maximum. The State of Oklahoma workers comp maximum TTD benefit for injuries from November 1, 2011 to October 31, 2012 is $735.00 and from November 1, 2010 to October 31, 2011 is $716.00. As you can see, for the purpose of calculating your maximum possible temporary disability payment it matters when the work injury occurred. In particular, under the newest workers comp laws passed in 2014 the number of weeks that you are entitled to is now greatly diminished.
How Long Will I Get Paid
Once you’ve been approved for TTD benefits they are paid on a weekly basis. The duration of TTD payments depend on several things like the date you were injured, what body part was injured and to what degree you were injured. If you’re found to be temporarily totally disabled you’re entitled up to 104 weeks of pay. In certain cases, with a showing to the Court, this period can be extended by another 52 weeks. The degree of injury is important. If the injury is diagnosed as soft tissue the maximum number of weeks is limited to 8 weeks. Like with most things under the Workers Comp law defining a soft tissue injury isn’t so easy. Some treatments that involve injections to certain body parts will allow you to additional TTD payments even though the injury is considered sot tissue.