Workers' Compensation Lawyers
Q. What are temporary disability worker's compensation benefits?
A. Temporary worker's compensation disability (TD) benefits are payments you receive if you lose pay because your injury keeps you from doing your normal work duties while recovering from your work injury.
Q. Are there different types temporary disability worker's compensation benefits?
A. There are two types of temporary disability worker's compensation benefits. If you go back to work while being treated for your injuries, you receive temporary total disability benefits. If you cannot work your regular schedule while being treated, you'll get a temporary partial disability benefit (TPD) allowance.
Q. How much will I receive in temporary disability worker's compensation benefits?
A. As a rule, temporary disability gives you two-thirds of the gross (pre-tax) wages you lose while you are being treated from a work injury. However, you cannot get more than the maximum allowance a week set by the state of California.
Your wages are calculated using all forms of income you receive from your work. Wages also include money you did at other jobs at the time you were injured at work. Your workers compensation lawyer will help you calculate the maximum amount you are entitled to.
The minimum and maximum caps are calculated annually.
Q. Am I entitled to receive TTD payments if I am a low-wage worker?
A. Any worker with earnings is allowed to receive TTD benefits. TTD payments will be paid at 2/3 of your wages at time you suffered your injury. There are minimum and maximum caps for these type benefits. Your workers' compensation lawyer will be able to calculate these for you.
The minimum TTD allowance will continue to be adjusted each Jan. 1 based on changes to the State of California average's weekly wage (SAWW).
Q. When does TD start and stop?
A. Temporary disability payments kick off when your doctor determines that you can't perform your normal job duties for more than three days or in the event you get admitted to the hospital overnight. Payments will be disbursed every two weeks.
Temporary disability stops when you go back to work, or when the doctor determines you are healthy enough to go back to work. If you got injured after Apr. 19, 2004, your temporary disability allowance won't last more than 104 weeks within a period of 24 months from the moment you got paid the first time. If you got injured after Jan. 1, 2008, your temporary disability allowance won't last more than 104 weeks within a period of 60 months from the date of your work related injury.
For more serious injuries payments can go longer than 104 weeks. Temporary disability payments for serious injuries can continue for up to 240 weeks of within a 5 year period.
Q. Are temporary disability benefits taxable?
A. No, your temporary disability payments aren't taxable. You don't have to pay social security either.
Q. Can my first temporary disability payment be delayed?
A. If the workers' compensation claims administrator can't determine whether your injury is covered, he or she may delay your first temporary disability payment while they conduct an investigation. Payments are usually not delayed longer than 90 days.
If there is a delay in payment, the administrator will notify you in writing. The letter must explain why you won't get your first payment on time, what additional information the administrator is requesting and provide you with an estimate on when a final decision will be made.
If your claim is delayed for a longer period of time, the administrator must notify you in writing. If you don't get a letter denying your claim within 90 days after you submitted the claim form, your claim is considered accepted.
Q. Is the claims administrator penalized for delaying my claim?
A. If you had filed the workers' compensation temporary disability claim form at least 14 days before the benefit was due and the administrator sends a payment late, an additional 10 percent will be added to your allowance