Blog Topic

The Basics
Posted by: Jay Kinney
October 14, 2011

When you cannot work due to your injury or occupational disease, you should get time loss compensation, also called temporary total disability. Whether you qualify for time loss depends on the facts of your case, the evidence of your disability set out in your doctor's records. The department insists that your medical provider must certify your inability to work, and the opinion has to be based on objective findings. Objective findings are physical manifestations of your condition which the doctor can observe on physical examination. Two clear examples would be a broken bone, or a severe muscle spasm in your low back. Pain may be what keeps you from returning to work, but your doctor cannot measure your pain, so the department requires more than pain complaints to pay time loss. The doctor should fill out the department's standard Activity Prescription Form to trigger your time loss payments, but the form is not required if the doctor's chart notes set out the evidence that your condition is so severe you cannot return to substantial gainful employment.

Of course, things get complicated pretty quickly in Labor and Industries claims. The department and self insured employers are highly motivated to reduce claim costs, and the easiest ways to save money is to deny time loss and medical care. I will write about this in more detail. However, if your medical provider says you cannot work because of your injury and the department or self insured employer is not paying you, you should talk to an attorney.

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