Temporary total disability (TTD) and California State Disability Insurance, also called EDD, are both programs that provide income supplements for injured California residents. However, the programs feature different benefit amounts, eligibility requirements, and limitations. A workers’ compensation attorney can explain in detail the differences between TTD and EDD, and help you pursue the financial support you need.
Temporary Total Disability (TTD)
When you suffer a workplace injury in California, your employer must carry workers’ compensation insurance to cover medical costs. If your injury prevents you from working, workers’ comp coverage may extend to disability benefits, called temporary total disability (TTD). Temporary total disability coverage is designed to help with living expenses when you are unable to work due to a work-related injury. To be eligible, you must:
- Provide a statement from your doctor showing that at least three days away from work responsibilities are necessary
- Prove that you were hospitalized overnight because of your work-related injury
- Establish that your current employer doesn’t offer alternative work with similar pay that you can perform with your limitations
TTD Benefit Calculations and Limitations
Per the California Labor Code, TTD benefits are two-thirds of the gross amount of your average weekly earnings (up to the state maximum) and are not taxed. The benefit amount you receive depends on the date the injury occurred and the extent of your disability. In addition, the law limits the length of time you can receive TTD benefits to two or five years, depending on your circumstances.
Calculations for TTD benefits are extremely complex, particularly if you:
- Had a second job when the injury occurred
- Were working a seasonal job when you were injured
- Had fluctuating income that rose and fell
- Had another source of income from bonuses, tips, vehicle allowances, or other work-related benefits
- Had an upcoming raise that was supposed to apply after the date your injury occurred
- Applied for TTD benefits more than two years after the work-related injury
TTD Payment Schedule and Frequency
If your application for workers’ compensation is approved, your first TTD payment should arrive within 14 days of the date your employer became aware of your job-related injury and your doctor advised that you could not work.Your TTD payments come from the workers’ compensation claims administrator. The first will come with a letter outlining the calculations used to establish your benefit amount. All subsequent benefits will be paid on a bi-weekly basis for the duration of your recovery. Once you have recovered from your injuries, you will no longer be eligible to receive TTD benefits.
Temporary Partial Disability (TPD) Benefits
If you can perform some work while you recover from your work-related injury, you may be eligible for temporary partial disability (TPD) benefits. TPD benefits can make up the difference when reduced work hours prevent you from earning what you did before your injury.Like TTD, TPD benefits are approximately two-thirds of your average income before your injury. Your application is subject to the same eligibility requirements as TTD, with maximum and minimum weekly benefit limits established by California law.
Employment Development Department (EDD) State Disability Benefits
If your application for TTD or TPD benefits is denied or delayed, you could secure financial assistance through State Disability Insurance (SDI), also known as EDD benefits. EDD refers to the assistance programs administered by California’s Employment Development Department (EDD), which includes SDI. Workers’ compensation insurance should cover your work-related illnesses or injuries. EDD is designed to provide wage support for workers who are temporarily unable to work and do not qualify for TTD or TPD.EDD can also supplement the income of disabled workers whose TTD benefits do not meet the EDD benefit limit. EDD and workers’ compensation claims administrators work to ensure there is no overlap between workers’ comp and EDD benefits. You cannot receive full benefits from both programs at the same time.
EDD Benefits and Eligibility
EDD benefits are based on the average amount you earned between 5 and 18 months before your injury. The EDD benefit payment amount is typically 60% to 70% of your average income. Benefits for EDD are temporary and capped at a maximum of one year from the date of the disability.
To be eligible for EDD benefits, you must:
- Have paid into SDI for at least $300 in wages over your 12-month base period.
- Provide a completed Physician/ Practitioner Certification from your treating doctor verifying your disability.
- Be unable to perform your normal work duties for a minimum of eight days.
- Prove that your disability caused you to lose income.
- Show that you’re employed or actively seeking employment when your disability begins.
- Seek care and treatment from an appropriate physician or practitioner within 8 days of your date of disability.
- Apply for Disability Insurance Benefits between 9 and 49 days from the date your disability began.
Part-Time State Disability Insurance or Paid Family Leave (PFL) Benefits
If you work part-time or intermittently, or if your hours or wages are reduced, you can apply for partial EDD benefits to supplement your reduced income through either SDI or Paid Family Leave. A Los Angeles workers compensation attorney familiar with California workers’ comp and disability programs can guide you through the eligibility requirements and application process.
Our Attorneys Can Further Explain TTD and EDD Eligibility Requirements
If you aren’t sure whether you qualify for TTD or EDD, a workers’ compensation disability lawyer can help you understand these complex programs. The Los Angeles personal injury attorneys at KJT Law Group have spent the past decade defending the legal rights of workers in Los Angeles and the surrounding area. Let our team of dedicated worker advocates help you secure the benefits you need for your work-related disability.Contact our office online or call us at (818) 507-8525 to schedule a free consultation and learn more about TTD and EDD eligibility requirements and benefit options.