Pursuing Benefits For Injured Workers In California
As a worker in the state of California, you have rights. One of these rights is the right to receive workers’ compensation benefits if you are injured at work or while carrying out employment-related duties. The workers’ compensation system is designed to help injured employees recoup the financial losses associated with receiving medical treatment and taking time off work to heal.
In California, additional benefits are available. These include:
- The cost of handicapped-accessible vehicles for victims of catastrophic injuries
- The cost of retrofitting the home of a catastrophically injured worker
- Attendant-care costs for family members who must take time off work to provide care
Injured workers may be entitled to one of two (or both) types of benefits: temporary disability benefits (which is further broken down into temporary total disability and temporary partial disability benefits) and permanent disability benefits.
How Is Compensation Determined For Injured Workers?
The type and amount of compensation you may receive will depend on a number of factors, including:
- The extent of your injuries
- Whether or not you are able to return to work
- If you are able to obtain any gainful employment
- The cost of medical treatment
- How you incurred your injuries
Read on to learn more about temporary disability benefits and permanent disability benefits in California, or get in touch with the Law Offices of Hinden & Breslavsky, APC, to speak to an experienced lawyer in California about your case. Our attorneys can help you understand your rights and legal options.
Temporary Disability Benefits Explained
Temporary disability benefits are the most common type of workers’ compensation benefits injured employees receive. In short, temporary disability benefits compensate you for the wages you lose while you cannot work due to your work-related injury.
Temporary disability benefits are divided into two categories:
- Temporary Total Disability (TTD) Benefits: Granted when you are unable to work at all while recovering from your injuries
- Temporary Partial Disability (TPD) Benefits: Granted when you are able to work during your recovery but not to the full extent that you worked prior to your injury
How Is Eligibility For TTD Or TPD Determined?
Your eligibility for either TTD or TPD benefits is based on work restrictions provided by your doctor. In other words, your doctor must recommend that you either do not work at all during your recovery or return to work but at partial capacity (fewer hours, less strenuous duties, etc.) while you heal.
You will need to continue seeing your doctor periodically in order to receive updates about your ability to work and any work restrictions he or she recommends.
How Much Do TTD Or TPD Benefits Pay In California?
In California, TTD benefits amount to two-thirds of your “average weekly wage.” Your average weekly wage is calculated based on several factors, including the type of worker you are (full time, part time, seasonal, etc.), whether or not you make commission, and more.
How Long Can You Receive TTD Benefits?
If eligible, you will receive TTD benefit payments every two weeks for a certain period of time that, again, depends on numerous factors.
Understanding Permanent Disability Benefits
Permanent disability benefits are awarded to workers who suffer completely disabling on-the-job injuries and/or occupational illnesses. In order to be eligible for these benefits, you must be determined 100% disabled; anything less than 100% is considered a “partial disability.” This percentage is based on a determination of your ability to compete in the labor market. It does not necessarily depend on your ability to return to your old job.
How Much Does Permanent Disability Pay In California?
If eligible, permanent disability benefits will provide you with compensation for your lost future earning ability, or the wages/income you would have reasonably earned had you not suffered your injury/illness. The rate of compensation you will receive is based on a “whole-person impairment” rating made by your doctor.
This rating is then converted into a dollar amount based on numerous factors, including:
- Your line of work
- The part of your body that was injured
- Your age
- And more
How We Can Help
Suffering a work-related injury is stressful; you need to know that you’re going to be able to continue caring for yourself and your family while you heal. At Hinden & Breslavsky, we can handle every aspect of your workers’ compensation claim so that you can focus on getting back on your feet.
Our Los Angeles lawyers can help you if your claim was denied, if you disagree with your doctor’s medical assessment of your injuries, if your employer refused your claim or if you have not yet received your benefits. We represent clients throughout California, and there is no fee unless we successfully recover compensation for you.