Temporary disability benefits provide injured workers with a safety net if they are unable to perform their job duties after a work-related injury or illness. In general, if you are admitted to the hospital or are unable to work for at least three days and are not offered alternate job duties paid at the same rate, you can seek temporary disability cash payments. Benefits can last for up to 104 weeks in the five year period following your injury and are only paid while you are recovering from your injury or illness. Certain injuries and medical conditions are eligible for 240 weeks of benefits.
The amount of benefits received depends on whether or not you are able to work. For workplace accident victims who are completely unable to work, temporary total disability benefits are two thirds of your average weekly wage, with a maximum of $1215.27 per week (in 2018). Injured workers who can perform the same job duties with reduced hours or can perform alternative job duties at reduced pay are eligible instead for temporary partial disability. Recipients are able to recover two thirds of their lost wages.
Lost wages are easier to calculate than one would expect: your average weekly wage minus your weekly wage. For example, if you typically make $1000 in a week and your reduced work schedule or alternative work duties pays $700 per week, your lost wages are $300. Temporary partial disability would pay two thirds of those lost wages, in this example, $200.
Temporary disability payments are as they say, temporary. Benefits are halted when you are cleared to return to work, you begin earning wages at or above your average weekly wages, are declared permanent and stationary, or have received 104 weeks of benefits.
TD payments end when your doctor clears you to return to work, you begin working modified or alternate work at your regular wages, you are declared “permanent and stationary”, or you have received up to 104 weeks of TD benefits within five years from the date of the injury. Certain injuries and conditions may receive up to 240 weeks of TD benefits within five years of the injury, but most do not.
Have you been injured at work and lost wages as a result? Call the Law Offices of Scott Warmuth today. We can help you answer any questions you may have about temporary disability benefits under California workers’ compensation law. We can help you apply too. Call us today at 888-517-9888 for a free consultation.