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Frequently Asked Questions Regarding the Industrial Disability Leave Program

Albert E. Hirst Law Offices, Dedicated Workers’ Compensation Lawyer Discusses Frequently Asked Questions Regarding the Industrial Disability Leave Program

The Industrial Disability Leave Program is a wage continuation program that is available to some government workers.  These workers can include those who are employed by the State of California whether they work for a state agency or a state-run agency or public school and they must be members of the State Teachers Retirement System or the California Public Retirement System.  IDL benefits are paid in lieu of the Temporary Disability benefits you might receive under workers’ compensation.  The following discussion is intended to answer some of the frequently asked questions we receive about the IDL program.

Q:  How do I become eligible for the IDL program?

A:  If you’ve suffered a disability as a result of or during the course of your employment with the State of California or one of its entities, you might be entitled to IDL benefits if:

  • You are an active member of STRS or CalPERS;
  • You have a disability that has been accepted and verified as industrially caused by the third party administer who oversees workers’ compensation insurance;
  • You chose to receive the IDL benefits instead of Temporary Disability benefits under workers’ compensation (or you failed to deny or elect the benefit when you were notified of your eligibility);
  • You have not been able to work due to your illness or injury since (a) your first day of hospitalization, or (b) the first day you left work due to an injury that resulted from a criminal act of violence, or (c) the third calendar day of disability following the day of your illness or injury, or (d) the day following your injury if you were absent from work for more than fourteen calendar days due to the injury.

Of course, eligibility will be contingent upon a medical determination of your disability and an agreement on your part to participate in a reasonable vocational rehabilitation plan.

Q:  How are IDL benefits different than workers’ compensation benefits?

A:  As mentioned above, IDL is a salary or wage continuation program that acts as an alternative program to Temporary Disability payments under workers’ compensation.  The intent of both programs is to help replace your lost income if you cannot work for a period of time while you recover from your injury or illness.

Q:  How much will I receive under the IDL program and for how long?

A:  If you are entitled to IDL benefits, you will receive your full net salary for the first twenty-two work days of disability, or a maximum of 176 hours, which would be the equivalent of eight hours a day for twenty-two days.  After that, any payments would be based on two-thirds of your normal gross salary without tax reduction.  The payments can be subject to certain deductions.

IDL benefits are payable for at most fifty-two weeks, or 2080 hours, which is the equivalent of working forty hour weeks for fifty-two weeks.  These benefits are payable within a two-year period and from the first day of your illness or injury.  Of course, if you are not a full time employee, your benefits will be prorated based on the amount of time you ordinarily work.

Dedicated and Knowledgeable Workers’ Compensation Lawyer in California

If you have been injured or suffered an illness during the course of your employment in the San Bernardino, Hemet, or Inland Empire areas, you might be entitled to receive benefits under California’s workers’ compensation law.  Albert E. Hirst, III, has the dedication, knowledge, 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.