Get the Facts About Workers’ Compensation Temporary Disability Benefits
Payments for missed income due to a work injury are known as temporary disability benefits. Temporary disability compensates for lost income by replacing the amount the employee would have earned if he or she had not been harmed.
The insurance company must agree that the injury is work-related before temporary disability payments are granted. The insurance company will not give benefits if the injury is rejected or denied.
To qualify for California temporary disability benefits, a doctor must certify that a worker is unable to work due to an injury or is restricted in the type or amount of work he or she can do, and that the employer does not have modified or light duty employment to provide as an alternative.
Every 45 days, the worker will see the treating physician, who will make recommendations about his or her job limitations and capacity to work.
Getting approval for temporary disability, and remaining on the program, can be complex. If you are having issues filling out the paperwork, gathering required evidence, or dealing with a denial, contact a Board Certified Workers’ Compensation Specialist by the State Bar of California by DLC Law at (626) 285-8815.
Temporary disability payments are paid every two weeks
The insurance company should provide the first payment within 14 days after receiving the medical report declaring that the injured worker is unable to work at all or for the same number of hours as before.
Temporary disability benefits end if:
- A doctor recommends that the injured worker return to work
- The worker’s condition stabilizes
- The worker becomes eligible for permanent disability benefits.
Temporary disability payments in California are restricted to 104 weeks within five years of the date of accident.
Calculating temporary disability payments in California
An injured worker receives two-thirds of his or her typical weekly salary, Average Weekly Wage (AWW). The 2/3 of the AWW is not taxed. After determining the temporary disability rate, the insurance company will examine if it is at or above the state’s minimum and maximum levels.
Each year, the maximum and lowest amount of temporary disability a wounded worker can receive is determined by a computation of what California companies pay their employees.
How to Handle a Workers’ Compensation Temporary Disability Dispute
A worker who has been wounded may feel he or she is unable to work or that the doctor’s limitations are wrong. If this occurs, the employee has the option of having a separate doctor assess him or her and decide his or her temporary disability status.
In this case, we would recommend that you work with a workers’ compensation attorney who is experienced with this particular type of case. You can reach DLC Law at (626) 285-8815 for help.