During the time period you are recovering from an injury, California injured workers are in most cases provided with temporary disability benefits.
Filing a Victorville temporary disability workers’ compensation claim is relatively simple, but insurance companies may dispute coverage or deny benefits entirely. Hiring a well-practiced workers’ compensation attorney to represent you can be helpful. Our dedicated legal professionals at Silberman & Lam could appeal the denial of your claim and gather evidence to support your need for temporary disability benefits.
In California, temporary disability benefits compensate a Victorville employee’s for a percentage of their lost wages that they would have had if an injury had not occurred. To qualify, the injury must be work-related. If an employer’s insurance company determines the injury is outside the scope of employment, it could deny the benefits entirely.
Temporary disability benefits are determined based on the employee’s doctor and their recommendations. These benefits are available for a limited period and are calculated based on the worker’s weekly earnings. Two-thirds of their usual pay up to the statutory maximum will be paid out on a set schedule by their employer’s workers’ compensation insurance. A worker could qualify for temporary disability for an injury that causes them to be out of work for three days or three months or longer. Coverage will last as long as the worker’s medical provider recommends that they remain out of work up to the maximums. Typically, employees must have an evaluation every 45 days to assess their need for temporary disability benefits.
Coverage is based on a qualified medical provider evaluating the employee’s disability status. Injured workers can see their doctor for treatment and do not need to be assessed by their employer’s recommended provider. Employers may attempt to dispute workers’ compensation coverage for an employee’s temporary disability in various ways. For example, an insurance company can disagree with a doctor’s recommendation that an employee be out of work. Likewise, the payments could be limited to below what the worker deserves.
In these situations, the injured employee can challenge the dispute. The burden is on the Victorville employee to prove the need for a temporary disability workers’ compensation claim. It can help to seek a second medical opinion. If all else fails, an employee who has been denied benefits can challenge this with the court. An employee who is wrongfully denied temporary disability should contact a knowledgeable attorney to appeal the denial of their claim.
When you are injured at work and need assistance filing a Victorville temporary disability workers’ compensation claim, contact a tenacious lawyer at Silberman & Lam. You have a legal right to compensation from your employer when you are injured on the job.
Workers’ compensation benefits can reimburse you for lost wages after a work injury. A severe accident on the job can be a significant financial burden, even if the injury is only temporary. Contact our firm today to schedule a consultation meeting.
