Am I Eligible for Temporary Disability Benefits in California?

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Am I Eligible for Temporary Disability Benefits in California?

If you have been hurt on the job in California, you can apply for workers’ compensation benefits to cover the cost of your medical care. But you may also be eligible to apply for temporary disability payments which will cover at least some of the wages that you have lost and/or will lose as a result of your workplace injuries. Below is a brief overview of the rules regarding temporary disability benefits in California.

When You Can Apply for Temporary Disability

If you have been injured on the job either through a single event (a fall, burn, sprain, etc.) or through repeated exposure to work conditions, you can apply for temporary disability benefits if you meet the following two requirements:

  • Your attending doctor determines that you have to either miss work for three or more days, or be hospitalized overnight; and
  • Your employer will not pay you your normal pre-injury wages during this time

 

If your employer offers you different kind of work after an injury, but at lower wages, you can apply for temporary partial disability benefits to account for the difference in wages. And if you are unable to work at all, and are receiving no wages, you can apply for temporary total disability benefits during the time you cannot work.

What Temporary Disability Benefits You Are Entitled To

Temporary disability benefits are generally set at two-thirds of the difference between what you were earning weekly before the workplace and what you are making after (which might be nothing). For example, if you earned $900 a week before the accident but cannot work at all, you will be eligible to receive $600 a week in temporary total disability benefits.

 

These payments, however, will be within a range of minimum and maximum amounts that are set by California law, and which fluctuate yearly. The 2017 guidelines for temporary total disability benefits are:

  • A minimum payment of $175.88 per week (no matter how low your wages were, you are entitled to at least this amount)
  • A maximum payment of $1,172.57 per week (no matter how high your wages are, this is the maximum weekly temporary disability payment you can receive)

 

Note, however, that your weekly temporary disability payments will not be subject to federal, state, or local income taxes, social security taxes, or union dues.

Converting Temporary Disability to Permanent Disability

If a doctor determines that you will not be able to return to working at all due to your injuries, then you may be entitled to receive permanent disability payments.

 

Also, note that workers injured on the job may have other potential sources of income, including state and federal social security disability payments. In some cases, a worker may also have a valid negligence claim against a third party to recover additional costs, including pain and suffering. An experienced California workers’ compensation attorney can review your individual case to determine what recovery you are entitled to and help you pursue your maximum financial recovery.

Contact a Southern California Workers’ Compensation Attorney Today

When you work with the legal team at the Law Offices of Scott Warmuth, you can expect a trusted legal advisor and guide at your side. By contacting us as soon as possible after your workplace injury, we can immediately step into action to begin investigating the accident, gathering evidence, and working with your medical provider to build your best case for maximum workers’ compensation recovery.
Our multilingual staff is here to help injured victims and their families across Los Angeles and Southern California. Contact us today to set up an initial consultation regarding your potential claim.

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