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Frequently Asked Questions Regarding Temporary Disability Benefits

Albert E. Hirst Law Offices

Dedicated Workers’ Compensation Lawyer

If you’ve been injured on the job, you may be entitled to workers’ compensation benefits.  Some of the benefits you might receive for a workplace injury include temporary disability benefits.  The following are some frequently ask questions regarding temporary disability.

Q:  What are temporary disability benefits?

A:  If your workplace injury or illness prevents you from performing your usual job duties during your recovery, you might be eligible to receive temporary disability benefits.  These benefits basically include payments for any wages you’ve lost because (1) your treating physician says that you are not able to perform your usual duties for more than three days, or you are hospitalized overnight; and (2) your employer doesn’t or can’t offer you work that pays the same wages while you are recovering.

Q:  How much will I receive in temporary disability benefits?

A:  Typically, any temporary disability benefits that you receive will be two-thirds of your gross, or pre-taxed wages that you lose during your recovery from a work-related injury.  Though it is important to note that there is both a maximum and minimum weekly amount you can receive that is set by law.  You won’t have to pay any income taxes or Social Security taxes, union dues, or retirement fund contributions from the money you receive as temporary disability benefits.

Q:  Are there different types of temporary disability benefits?

A:  Yes.  In California, there are two kinds of temporary disability benefits.  If you are unable to work at all during your recovery, you will receive what is called temporary total disability payments.  However, if you are able to perform some work during your recovery, and your employer can offer you this type of work, you will likely receive temporary partial disability payment, particularly if your wages during your recovery are below the maximum limit set by California law.

Q:  When will I start receiving temporary disability payments?

A:  If your injury is job-related and covered by your employer’s workers’ compensation insurance, you will likely receive your first temporary disability payment within fourteen days after your employer is informed that (1) you have a job-related illness or injury; and (2) your treating physician has determined that your injury renders you unable to perform your job duties.  You should receive your temporary disability payments from the insurance company’s claims administrator, and you should also receive a letter that explains how your payment was calculated.  After you’ve received your first payment, temporary disability benefits are required to be paid every two weeks and for as long as you are eligible.  The claims administrator must inform you if your payments are delayed.  However, if there is no reasonable excuse for delayed payment, you might be entitled to receive an additional penalty payment.

Dedicated and Skilled Workers’ Compensation Lawyer in California

If you’ve been injured in a job-related accident or your workplace injury is something that developed over time, you might be entitled to benefits under California’s workers’ compensation law.  If your injuries occurred in the San Bernardino, Hemet, or Inland Empire areas, it is important that you contact an experienced California Workers’ Compensation Lawyer at the Albert E. Hirst Law Offices as soon as possible to protect your rights to compensation.  Albert E. Hirst, III, has many years of experience representing clients who have sustained workplace injuries and he has the skills and the resources necessary to help you obtain the compensation you need and deserve.  Call us today at (909) 885-7190 to schedule your free consultation and learn what we can do for you.