Temporary Disability Benefits

When someone gets injured on the job, it’s typical that they will need to take some time off from work. If an on-the-job accident requires you to miss work, then you may be entitled to temporary disability payments. These benefits are designed to provide you with the income that you miss due to an inability to work. Should you qualify, temporary disability benefits will be issued twice monthly, providing you with a great deal of financial relief during a difficult time.

How Much Money Can I Receive from Temporary Disability?

The amount of the temporary disability payment varies, as it’s calculated based on your earnings. Our office will determine your average weekly earnings with your employer, and you will receive 2/3 of your average weekly wages when you qualify for temporary disability payments. As an example, if you are making $600 per week, you will receive $400 per week in temporary disability payments. The maximum amount you can receive if you were injured in 2017 is $1,172.57 per week.

How Can I Qualify for Temporary Disability?

There are two ways that you can qualify for temporary disability payments.

The first way is if your primary treating doctor puts you on Total Temporary Disability (TTD). This means that you are not able to work at all for a period of time. Once your doctor puts you on TTD, you are entitled to receive disability payments. The second way you can qualify for disability payments is if your employer can’t give you work that fits within your work restrictions. For example, if your doctor says you cannot carry more than five pounds and your employer doesn’t have a job for you as a result, then you can qualify for temporary disability payments.

Is There a Limit for How Long I Can Receive Temporary Disability?

An injured worker can receive temporary disability payments until their doctor finds their condition is permanent and stationary, or if they have received two years of temporary disability, whichever comes first. Your doctor will find your condition permanent and stationary when it’s their opinion that you’re not going to get any better or worse. This usually happens towards the end of your workers compensation case.

Do I Need to Pay the Workers Compensation Insurance Back for the Temporary Disability Benefits?

Injured workers who receive temporary disability do not have to pay the insurance company back. However, you are not entitled to receive temporary disability benefits if you are working. Also, you can’t receive temporary disability benefits if you’re receiving money from another source such as EDD. If you receive double payment, you may need to return the temporary disability money you received.

Do I Need a Lawyer to Secure the Temporary Disability Benefits?

When you get injured on the job, your employer will likely send you to an employer- biased doctor who may try to force you back to work. Also, the insurance adjuster will look for ways to deny you disability payments, as it’s their job to reduce the money paid out to you after you’ve been injured.

Our office has gone to court when insurance companies don’t cooperate in paying benefits.  It is always in your best interests to have an attorney by your side so that you get the money you deserve.