When you file a workers’ compensation claim in California, you are entitled to a range of benefits, depending on your injury. Temporary disability benefits are available if you cannot go to work for a period of time and are meant to cover your lost wages.
Whether you are eligible for temporary benefits depends upon your doctor’s work restrictions. You doctor may say you cannot work at all or may say you can work with certain restrictions. For example, if your doctor says you cannot lift more than 10 pounds, your employer will have to determine if they have work for you that does not require you to lift more than 10 pounds. If not, you will be placed on temporary disability and your doctor will review your status every 45 days until your doctor either lifts your work restrictions or decides your disability is permanent.
How much you receive depends upon how much you work. If you cannot work at all, you are eligible for total disability. The name may be misleading, however, as you will not receive your total wage. You will receive two-thirds your average weekly wage. If you are still able to work part-time, you may be eligible for temporary partial disability. In this case, you will be compensated based on the lost hours. The state does set minimums and maximums. You may receive temporary disability benefits for up to 104 weeks within five years of the injury, though a few medical conditions provide longer periods.
The lawyers at the Law Offices of Hussain & Gutierrez understand how insurance companies and workers’ compensation judges determine disability benefits, and we can help you understand it, too. We are happy to answer your questions in a free attorney consultation at our Van Nuys office. Call us at 888-997-3701 or use our online form. We speak Spanish, Sinhala, Tamil, Gujarati, Hindi and Urdu. Se habla español.