If you get hurt at work or develop an illness from your job, you might not be able to return to work right away. That’s where temporary disability (TD) benefits come in. These benefits help cover a portion of your lost wages while you recover. In California, workers’ compensation includes temporary disability benefits for workers who can’t do their usual job due to a work-related injury or illness.
Here’s what you need to know if you’re going through a workers’ compensation claim and wondering how temporary disability benefits work.
What Are Temporary Disability Benefits?
Temporary disability benefits are payments made to injured workers who can’t perform their regular job duties while recovering. These benefits are meant to replace part of the wages you lose when you’re off work because of your injury.
You don’t need to be totally unable to work to get temporary disability. There are two types:
- Temporary Total Disability (TTD): You can’t do any work at all for a period of time.
- Temporary Partial Disability (TPD): You can do some work, but you earn less than you did before the injury.
These benefits don’t last forever, but they can help you get through a tough time financially while you’re healing.
How Do You Qualify for Temporary Disability?
To receive temporary disability benefits, a doctor must confirm that your injury or illness stops you from doing your job. You must also report the injury to your employer within 30 days of when it happened or when you noticed it was work-related.
Once your employer knows about your injury, they will file a claim with their workers’ compensation insurance company. The insurance company then has 90 days to decide if they approve your claim.
While waiting for a decision, you may still qualify for up to $10,000 in medical treatment coverage.
How Much Are Temporary Disability Payments?
In California, temporary disability benefits are usually two-thirds (2/3) of your average weekly wage, up to a maximum amount set by the state. The amount you receive depends on how much you were earning before your injury.
For example, if you made $900 a week, your temporary disability benefit could be about $600 per week. These benefits are not taxed.
Keep in mind, if you’re working fewer hours or earning less in a temporary or light-duty role, you may be eligible for temporary partial disability, which covers part of the wage difference.
How Long Do Temporary Disability Benefits Last?
You can receive temporary disability benefits for up to 104 weeks (two years) within a five-year period from the date of your injury. In some cases—like if you have certain severe injuries like amputations, serious burns, or chronic lung disease—benefits may last up to 240 weeks.
Once your doctor says you’ve recovered enough to return to your normal job or that your condition isn’t going to improve any further, your temporary disability benefits will end. If you still can’t work, you may need to explore permanent disability benefits or other forms of compensation.
When Do Payments Start?
If your claim is approved, you should start receiving temporary disability payments within 14 days of your doctor saying you can’t work. Payments are typically made every two weeks.
If you don’t get paid on time, or if the insurance company stops your payments without a good reason, you might be owed a penalty payment.
What Happens If the Claim Is Denied?
If the insurance company denies your workers’ compensation claim, you won’t receive temporary disability payments. However, you still have options. You can file an appeal and request a hearing in front of a workers’ compensation judge.
During this time, keep going to your medical appointments and gathering documentation. The more proof you have, the stronger your case will be.
Can You Work While Receiving Temporary Disability?
You can sometimes return to work in a limited role or with reduced hours. If you do, and you’re earning less than before, you may receive temporary partial disability benefits to make up some of the difference in your income.
Your doctor will need to approve any work restrictions, and your employer must be able to accommodate them.
How Are Temporary Disability Benefits Calculated?
To figure out your weekly temporary disability benefit, take your average weekly earnings and multiply it by two-thirds. For example:
- Weekly earnings: $750
- 2/3 of $750 = $500 weekly benefit
There are minimum and maximum limits based on California law, and those limits change slightly every year.
You may also receive mileage reimbursement for trips to medical appointments and other related travel expenses.
Get Help With a Temporary Disability Claim
Applying for temporary disability benefits can be confusing, especially if your claim gets denied or delayed. The insurance company might not explain things clearly or pay you the full amount you deserve.
If you’re having trouble getting benefits, or if you’re unsure what you qualify for, talking to a workers’ compensation attorney can help. An attorney can answer your questions, review your case, and deal with the insurance company so you can focus on healing.
Call Today for Help With Your Workers’ Compensation Case
Getting hurt at work is stressful enough without worrying about how you’ll pay the bills. If you’re going through a work injury and can’t return to your job, temporary disability benefits may help you stay afloat while you recover.
If you have questions about your claim, aren’t sure how much you should be getting, or your benefits have stopped too soon, call Hinden & Breslavsky today at (323) 954-1800. We help injured workers across Los Angeles fight for the benefits they’re owed.