Orange County Temporary Disability Workers’ Compensation Claims

Workers’ compensation is provided in California at no cost to employees and with no fault assigned in the accident causing the injury. Employees who are injured on the job or acquire an illness related to their work generally will qualify for workers’ compensation benefits.

Temporary disability is a benefit that is paid for up to 104 weeks or until the doctors believe you have reached Maximum Medical Improvement. These injuries can occur from one incident, for example, an employee who lifts a heavy package and throws their back out, or from repetitive events that cumulatively injure the employee, such as constant noise.

If an injury is severe enough, it can cause permanent disability in addition to Temporary Disability. If your work injury caused you to suffer a temporary disability, workers’ compensation claims in Orange County should cover your losses while you heal. Speak with a dedicated attorney if you are denied benefits over a temporary disability.

Temporary Disability Benefits

After a worker is injured on the job, a treating physician will coordinate the employee’s benefits. The doctor will recommend temporary disability benefits if the employee cannot perform the regular job for more than three days after the injury or is hospitalized overnight. If the employer does not propose some other type of work that pays the employee’s current wages, temporary disability is also available.

Some employees are incapacitated enough not to be able to work at all until they recover. These employees will be eligible for temporary total disability payments for wages and medical care through their workers’ compensation.

Employees who can perform less strenuous jobs while recovering and whose employers offer them one are eligible for temporary partial disability payments if their wages in the new position fall below the maximum at law.  An Orange County Workers Compensation Attorney can help you get these benefits.

For injuries between 4/19/04 and 12/31/07, Temporary Disability benefits are limited to a maximum of 104 weeks for injuries from the date of the first payment of temporary disability with the following exceptions:

(A) Acute and chronic hepatitis B.
(B) Acute and chronic hepatitis C.
(C) Amputations.
(D) Severe burns.
(E) Human immunodeficiency virus (HIV).
(F) High-velocity eye injuries.
(G) Chemical burns to the eyes.
(H) Pulmonary fibrosis.
(I) Chronic lung disease.

For these injuries, temporary disability is limited to 240 weeks. For injuries on or after 1/1/08, temporary disability is limited to 104 weeks within 5 years of the date of injuries with the same exceptions that are outlined above.

How much Does California Pay in Temporary Disability Benefits?

Generally, temporary disability benefits in California are two-thirds of an employee’s pre-tax wages. However, employees cannot get more than the maximum or less than the minimum set by state law. No taxes are deducted from benefits, including Social Security, and no union dues or retirement account contributions are either. Currently, the Division of Workers’ Compensation promotes the minimum temporary total disability payments at $203.44 and the maximum at $1,356.31 per week. The amount for any employee can be complicated to determine because of the following:

  • The injured employee worked a second job
  • The injured employee worked seasonal jobs
  • Wages changed, including a raise that was supposed to go into effect after the injury date
  • Income included tips, overtime, or allowances for housing, meals, or travel
  • The injured employee received benefits more than two years after being injured

There are many working parts to applying for, receiving, and determining how much compensation an injured employee should receive from the state. An Orange County workers’ compensation attorney could guide an injured employee through the stressful process of receiving temporary disability benefits.

Discuss Temporary Disability Workers’ Compensation Claims with an Orange County Attorney

If you were injured or became ill after exposure to an unsafe condition at work, the state of California benefits system is ready to help. While you are recovering, you may be entitled to temporary benefits that help with medical bills and replace a portion of your wages.

Call our office to schedule an appointment with one of our skilled lawyers. We want to help you with your temporary disability workers’ compensation claims in Orange County or at any of our other California offices.