Ask the Workers Comp Attorney: What is Temporary Disability?

Attorneys Explain Workers Comp Terms: Temporary Disability

Temporary Disability (“TD”) benefits are Workers compensation payments that an injured worker receives if he or she cannot do their usual job, while recovering from your injury or illness. TD benefits are not taxable.

Temporary Total Disability

Temporary Total Disability is paid to injured workers who cannot work at all while recovering from a work related injury or illness.

Temporary Partial Disability

Temporary Partial Disability Benefits are paid if an injured worker can do some work while recovering from his/her injury or illness – but earns less than he or she did before the injury.

Additionally, some employers have plans in place called “salary continuation plans” that pay all of an injured employee’s wages for all or part of the time that they are temporarily disabled. There are several different types of salary continuation plans – including some that use up your vacation and/or sick leave – before “kicking in”. You should check with your employer to find out if you are covered by a salary continuation plan.

How Much Temporary Disability Will I Receive?

Typically, an injured employee is paid two-thirds of their gross (pre-tax) wages at the time of injury – subject to a minimum and maximum rates set by California Workers Compensation laws. The claims administrator will consider all forms of income when calculating the workers TD benefits, including: wages, food, lodging, tips, commissions, overtime and bonuses.

When Does Temporary Disability Begin and End?

Temporary Disability payments start when the worker’s doctor says that the worker cannot do their usual work for more than three days and/or the worker is hospitalized overnight. Payments are required to be made every two weeks.

Temporary Disability payments stop when one of 3 things happen:

  1. The employee returns to work,
  2. The employee’s doctor releases the employee to work (whether or not he/she actually returns), or
  3. The employee’s doctor states that the injury has improved as much as it’s going to.

Can I get other benefits while receiving Temporary Disability?

An injured employee has the right to receive medical treatment right away – even if the employer or  claims administrator are investigating claim before deciding whether or not to accept it.

Even if there is an investigation, the claims administrator must approve medical treatment for the worker’s injury within one working day after he/she submits the claim form. The claims administrator must also pay for prescriptions, physical therapy and other medical costs – and reimburse the worker for transportation costs (including mileage and parking for trips to and from medical treatment.)

Our Workers Comp Attorneys Can Help You Collect Temporary Disability Benefits

Our experienced Long Beach Workers Compensation attorneys are here to help you with all aspects of your California Workers Comp Case – including collecting Temporary Disability Benefits. Our experienced lawyers would be happy to discuss your unique situation with you, to ensure that you receive the maximum workers compensation benefits for which you may qualify.

Call our Workers Compensation attorneys for a FREE CONSULTATION: 562-622-4800.

Workers Compensation attorneys for Los Angeles, Orange County & Southern California, including: Anaheim, Carson, Bellflower, Compton, Downey, Fullerton, Garden Grove, Huntington Beach, La Habra, La Mirada, Lakewood, Long Beach, San Pedro, Santa Ana, Torrance, Wilmington, Whittier and Yorba Linda.