67% of the Weekly Wage

If an employee is injured in the job, the workers' compensation insurance company must pay tax-free wages to the employee at 67% of his average weekly wage (or the maximum weekly amount allowed by law, which ever is less), as long as a doctor authorizes the employee to be off of work. This benefit is called temporary total disability, or TTD.

If a doctor returns an employee to work with restrictions, on "modified duty," or on "light duty," the insurance company must still make sure that the employee receives at least 67% of his average weekly wage (or the maximum weekly amount allowed by law, which ever is less), even if the employer cuts the hourly wage or the number of hours the employee works. This benefit is called temporary partial disability, or TPD.

Important Tip: Choose your own doctor! Most often, doctors recommended by your insurance company or the adjuster work for them, not for you. Under Utah law, you have the right to change doctors one time—to a doctor that you choose. The doctor you choose tells the insurance company whether or not you may work and whether or not they should pay your wages while you are off work.

Note: If a doctor returns you to light duty work, and your employer offers light duty work, you must accept the job and do the work. If you don't, your employer may fire you for not doing your job. If you feel cannot do the light duty work, then you have two choices:

(1) Find a doctor who will take you off of work. Then, give the doctor's work release note to your employer; or

(2) Carefully write down what your employer asks you to do that exceeds the doctor's work restrictions. Then, refuse to do the light duty because it exceeds the doctor's restrictions. Your employer will either ease up on your work requirements or fire you, but at least you will have done all you can to obey the law.

Sometimes, employers just fire workers outright in order to avoid paying wages or in order to eliminate employees they think will have health problems in the future that might cost the company money. These employers often find some ridiculous excuse for firing the employee and then claim that the employee did something wrong and deserved to be fired. That's illegal.