How Long Will Workers’ Comp Pay Temporary Disability Benefits?

 Posted on May 12,2023 in Uncategorized

People who are injured while working are likely to have many questions about how they can receive the proper medical treatment and how they will be able to meet their financial needs while they are unable to work. Fortunately, workers' compensation benefits are available in most cases where an employee has suffered a work-related injury. For those who cannot work while recovering from their injuries, temporary disability benefits will provide them with financial resources. However, workers who receive these types of benefits may have questions about how much they will receive and how long the benefits will last.

Temporary Disability Benefits in California

If a work injury will prevent a person from working for at least three days, or if they spent the night in a hospital following a workplace accident, they can begin receiving temporary disability benefits. For those who are completely unable to work while recovering from their injuries, temporary total disability (TTD) benefits will pay a percentage of their lost wages. For those who are able to work at a reduced capacity while recovering and who are given the opportunity to work part-time or in a different position by their employer, temporary partial disability (TPD) benefits will pay a percentage of the amount their wages have been reduced by.

An injured worker will be able to begin receiving temporary disability payments within 14 days after reporting an injury to their employer and receiving a diagnosis from a doctor stating that they cannot perform their job duties due to their injury. Benefits will be paid every two weeks for as long as a person is eligible to receive them. Temporary disability benefits will continue to be paid until one of the following occurs:

• The worker returns to the job they held before being injured or another position at the same level of pay.

• A doctor states that the worker can return to their job.

• The worker has recovered as much as possible, and a doctor states that their condition is "permanent and stationary."

• The worker has received 104 weeks of benefits within five years of their injury. This limit may be increased to 240 weeks for certain conditions, including severe burns, amputations, and chronic lung disease.

In cases where a person's condition is permanent and stationary, but they are still unable to return to work, they may be able to receive permanent disability benefits.

Temporary disability benefits are paid at a rate of two-thirds of the wages a person earned at the time of their injury. In cases involving temporary partial disability, a person may receive two-thirds of the difference between their wages before being injured and the wages they are able to earn while working part-time or in a lower-paying position. The calculation of benefits is based on a person's gross wages before taxes are withheld, and a person will not be required to pay federal, state, or local income taxes, Social Security taxes, or union dues on the benefits they receive.

There are certain minimum and maximum limits that apply to the benefits a person can receive. For injuries that took place after January 1, 2023, the minimum weekly benefit a person can receive for temporary total disability is $242.86, and the maximum is $1,619.15.

Contact Our Santa Clara County Temporary Disability Benefits Lawyers

If you have questions about the workers’ compensation benefits you may be eligible to receive after a work-related injury, Cramer + Martinez can provide you with legal guidance. We can help you file a workers' comp claim or respond to the denial of benefits, and we will work to ensure that you will have the financial resources you need. Contact our Gilroy workers' comp attorneys at 408-848-1113 to schedule a free consultation today.

Sources:

https://www.dir.ca.gov/injuredworkerguidebook/chapter5.pdf

https://www.dir.ca.gov/dwc/FactSheets/FactSheet_c.pdf

https://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm#TDPD