Workers’ Compensation Temporary Disability Benefits

Lawyer Helping Los Angeles Workers

After you’ve been injured in a work-related accident, it can be challenging to figure out what benefits you may be entitled to in a workers’ compensation claim. In the state of California, disability benefits are categorized according to how serious the work injury is and how long you may be unable to return to work. At the Law Office of Ronald Ehrman, our Los Angeles attorney has an in-depth knowledge of California’s workers’ compensation system and is available to sit down with you to discuss your case.

We can help you determine whether you qualify for temporary disability or temporary partial disability benefits and handle the complicated paperwork on your behalf. Our team is committed to getting our clients the best possible care and benefits so they don’t have to suffer financially when they’re already facing physical and emotional distress.

Call (213) 455-5808 for a free, no-obligation consultation with our caring team in English or Spanish. You can also fill out our online form.

California’s Workers’ Compensation Temporary Disability Rates

Injured workers may qualify for temporary or permanent disability benefits. Temporary disability (TD) benefits refer to payments that injured workers get when they lose wages because their injuries prevent them from doing their usual work. If workers can do some work while they’re recovering but are earning less than what they made before their accident, they can receive temporary partial disability benefits.

TD pays workers two-thirds of the pre-tax wages they lose while they’re recovering from job injuries. These payments are made every two weeks and begin when your doctor deems you disabled. These payments max out at 104 weeks, though there are some long-term injuries, such as severe burns, that can qualify a worker to receive payments for longer than 104 weeks. These benefits aren’t considered taxable income.

These payments generally will last until one of the following happens:

• Your doctor assesses your condition and deems you at “maximum medical improvement,” or MMI, which means you’re no longer expected to improve. This will reclassify you as permanently disabled, and you will begin receiving permanent disability benefits immediately.
• Your doctor says you can return to work. You will stop receiving temporary disability benefits, even if your work has been modified to comply with any restrictions your doctor has established.

If you’re considered a seasonal worker, meaning you only work for a part of the year, then you are only entitled to temporary disability benefits for that part of the year.

Do I Qualify for Temporary Disability?

California law establishes that all California workers who have been injured on the job may qualify for temporary disability benefits if their claim has been accepted, and if a doctor has assessed them and deemed them disabled.

It’s important to note that not just any doctor can attend to you – the primary treating doctor will most likely be a doctor within your employer’s medical provider network. Workers who caused their own injuries are still eligible for these benefits, too.

Why You Need an Attorney

Sometimes workers have relatively straightforward cases and believe they can access temporary disability benefits without any legal help. However, just one complication can quickly make the process long and prevent you from accessing the compensation you need during your recovery.

The following are common complications that can occur, and that require the aid of a professional workers’ comp attorney:

• Your claim has been denied: Insurance companies deny workers the temporary disability benefits they need all the time, even when their claims are legitimate. There could be many reasons for this. Our lawyer can help you understand why your claim was denied and then file an appeal so a judge can look at your case and make the ultimate determination.
• Your claim has been delayed: You are supposed to start receiving payments soon after your doctor determines you’re disabled, but there have been cases where insurance companies lag on sending payments. A lawyer can look into why your payments are being withheld and ensure that they are distributed to you.
• You disagree with your disability status or doctor’s work restrictions: Do you believe that your doctor’s restrictions aren’t correct? With the help of an experienced attorney, you can request to be evaluated by a different doctor who can give you a second opinion.

Get started on your workers’ comp claim today to access your temporary disability benefits at (213) 455-5808. If your injuries prevent you from meeting with us, our Los Angeles attorney can come to you.