Los Angeles Temporary Disability Attorney
Temporary Disability Workers’ Compensation Benefits
In California, employees who suffer on-the-job or work-related injuries, illnesses, or medical conditions that prevent them from returning to work are typically entitled to temporary disability benefits through the state’s workers’ compensation system. Temporary disability (TD) benefits are a form of wage replacement that allow you to recover some—but not all—of the wages you lose while you are out of work recovering from your injuries.
If you were hurt at work or suffered an employment-related health condition and need help with your workers’ compensation claim, reach out to our team at KJT Law Group today. Our Los Angeles temporary disability attorneys have extensive experience navigating the California workers’ compensation system; we can help you understand your options and seek the fair benefits you are owed by law.
Give us a call today at (818) 507-8525 or contact us online to set up a free initial consultation. There are no attorney fees unless we recover benefits on your behalf.
What Are Temporary Disability Benefits?
Temporary disability (TD) benefits are a type of wage replacement benefit available to eligible employees through the California workers’ compensation system. You are entitled to TD benefits if you are a covered employee, and you are injured in a workplace accident or otherwise sustain a work-related injury or medical condition, such as cumulative trauma or an occupational disease.
There are two types of TD benefits:
Temporary Partial Disability (TPD): If you are injured but are able to perform some work, including light-duty or modified work, you may be eligible for TPD benefits. To receive TPD benefits, your wages cannot exceed a certain limit set by law.
Temporary Total Disability (TTD): If you are injured and are completely unable to work, you may be entitled to TTD benefits. TTD benefits provide a portion of your lost wages while you are recovering from your injury or medical condition.
Both TPD and TTD benefits are typically available until you return to work, are cleared to return to work by your treating physician, or reach maximum medical improvement (MMI), meaning your doctor determines that your condition will not improve further.
Who Qualifies for Temporary Disability?
In California, nearly all employees are entitled to workers’ compensation benefits. This includes full-time, part-time, and seasonal employees who work for an employer with at least one regular employee.
If you are a covered employee, you qualify for TD benefits if the following are true:
You sustain an injury, illness, or medical condition that is somehow related to your employment, AND;
You are hospitalized overnight, OR;
Your doctor determines that you are unable to perform your typical work for at least three days.
If your injury or condition allows you to perform modified or light-duty work, and your employer offers such work at your usual pay, you may not qualify for temporary disability. However, you may be eligible for temporary partial disability (TPD) benefits if your employer offers modified work at less than your typical rate of pay.
Reach out to our Los Angeles temporary disability attorneys at KJT Law Group to learn more, including whether you are entitled to TD benefits and how our team can assist you in filing your workers’ compensation claim.
How Much Does Temporary Disability Pay?
Temporary disability (TD) does not pay the full amount of your lost wages. Rather, it only pays a portion of the wages you lose while out of work recovering from your job-related injury, illness, or medical condition.
Specifically, temporary disability pays two-thirds your gross (pre-tax) average weekly wages up to a set weekly limit. In 2021, the maximum weekly benefit went up from $1,300 to $1,357. Temporary disability benefits are not taxable; you do not pay Social Security, federal, state, or local income taxes on TD benefits, nor do you pay any 401k or other retirement fund contributions or union dues.
There are several factors that can make it more difficult to calculate your exact TD benefit amount. Some of these include:
Having multiple jobs
Being a seasonal worker
Earning tips or overtime
Additional income, including vehicle allowances, bonuses, etc.
Earning non-standard wages
Our team at KJT Law Group can meet with you and review the details of your case to help determine if you are entitled to TD benefits and, if so, how much you can expect to receive. We are happy to answer any questions you may have and assist you at every stage of the process, from filing your initial workers’ compensation claim to handling disputes with an employer or treating physician to appealing a denied claim.