Most injured workers understand that they guaranteed medical coverage through workers’ compensation. What is sometimes less known is that some injured workers are also eligible to recover a portion of lost wages through temporary disability benefits. Experienced workers’ compensation attorneys will inform clients when they are eligible for temporary disability benefits.
In most circumstances, injured workers who are hospitalized overnight or are forced to miss work for three or more days of work are eligible for temporary disability benefits if the employer does not pay full wages for missed work. If an injured worker is offered a lower paying position to accommodate the injury, the worker can seek to recover some of the wage difference.
It is important to remember that temporary disability benefits do not pay 100% for missed work or wage differences. Benefits are capped at 2/3 of the difference between what you were previously earning weekly and what you are currently earning, up to a certain amount. In 2018, the maximum temporary total disability benefit is $1,215.27 weekly. Whatever amount you receive, temporary disability benefits are not considered taxable income.
Do you have questions about temporary disability benefits under California workers’ compensation law? Call the Law Offices of Scott Warmuth today at 888-517-9888 to receive a free consultation.. We help injured workers recover physically and financially.