Temporary Disability Benefits in California Workers’ Comp Cases

What are total disability benefits available through California workers’ compensation? Understanding the different types of benefits available after a work injury can be confusing, particularly if the injury caused a long-lasting or permanent disability. Total disability benefits are available for situations where an injury prevents an individual from carrying out any job-related duties. If you or a loved one have been harmed on the job, we encourage you to speak to a lawyer with experience handling complex work injury claims, particularly if you have been disabled and likely will not be able to work for some time or ever again.

What Are Temporary Disability Benefits?

Temporary disability benefits provide financial assistance to workers temporarily unable to perform their work duties due to a workplace injury or illness. These benefits are a critical part of the California workers’ compensation system, ensuring that injured employees can maintain some level of income while they recover.

Situations Requiring Temporary Disability

View of the situations that may require a person to go on temporary disability include:

• Injuries requiring medical treatment. When an injury requires medical treatment and prevents an employee from working, temporary disability benefits may be necessary. For example, a construction worker who fractures a leg and cannot perform physical labor during recovery would be eligible for these benefits.
• Recovery periods for surgery. Employees who need surgery as part of their treatment for a workplace injury will often need time off to recover. During this period, temporary disability benefits can provide financial support. For instance, an office worker needing carpal tunnel surgery would be eligible for benefits during their recovery period.
• Chronic conditions flare-up. Workers with chronic conditions aggravated by their job duties may also qualify for temporary disability benefits. For example, a warehouse worker with a chronic back condition that worsens due to lifting heavy items might need time off to heal.

Types of Temporary Disability Benefits

The main two types of temporary disability benefits in California are:

• Temporary total disability (TTD). These benefits are provided when an injured worker cannot work at all while recovering. TTD benefits typically amount to two-thirds of the employee’s average weekly wage, up to a maximum limit set by California law.
• Temporary partial disability (TPD). If an injured worker can return to work but cannot earn the same wages as before the injury, they may receive TPD benefits. These benefits compensate for the difference between the pre-injury wages and the reduced earnings during recovery.

Duration and Payment of Benefits

There are several factors that can affect how long a person receives benefits and how much compensation they receive. Some of these factors include:

• Temporary disability benefits are generally paid every two weeks.
• The duration of these benefits depends on the nature of the injury and the recovery period.
• California law limits temporary disability payments to a maximum of 104 weeks within an overall five-year period from the date of injury.
• There are some exceptions for certain severe injuries, which may allow for extended benefits.

Steps to Obtain Temporary Disability Benefits

If you have been injured on the job, the steps you need to take right now include:

• Report the injury. Immediately report the injury to your employer. Timely reporting is crucial as it sets the process in motion for receiving benefits.
• Seek medical attention. Get medical treatment as soon as possible. A healthcare provider will assess your condition and determine the extent of your disability and the necessary recovery period.
• File a claim. File a workers’ compensation claim with your employer. This typically involves completing a DWC-1 form and providing it to your employer, who will then forward it to their insurance company.
• Follow up on your claim. Stay in communication with your employer and the insurance company. Ensure all necessary documentation is submitted and attend any required medical examinations.

Challenges and Legal Assistance

Navigating the workers’ compensation system can be challenging, and claims for temporary disability benefits can sometimes be denied or delayed. Common reasons for denial include insufficient medical evidence, missed deadlines, or disputes about whether the injury is work-related.

If you encounter difficulties in obtaining your benefits, it is crucial to consult with an experienced workers’ compensation lawyer. A work injury lawyer in San Bernardino can help you gather the necessary medical documentation, meet deadlines, and represent your interests in disputes with the insurance company or employer.