What Temporary Disability Payments can I get from California Workers Comp?

What are Temporary Disability (TD) benefits?

 

In the California Worker’s Compensation System, temporary disability benefits are those you receive if you can’t do your

regular job when recovering from a work related disability. These benefits are not taxable.

 

If you can do some work, but earn less than your regular earnings, you will still be paid but at

a lesser rate.

 

Some employers also have salary continuation plans where they pay part or all of your wages if you are injured on the job.

 

How much am I paid on Temporary Disability?

 

Generally you are paid 2/3 of your gross wages at the time of injury subject to certain minimums and maximums.

Your “wages” include commissions, bonuses, tips and overtime.

 

When do I start getting payments?

 

Your payment begin if you are hospitalized overnite or if your doctor says you can’t do your normal job for more than 3 days.

TD usually stops when you return to work or when your injury just isn’t improving anymore and becomes permanent.

If you were injured after January 1, 2008, the maximum period you can  get temporary disability benefits is 104 weeks normally (Except for severe burns or certain chronic lung diseases,where you can get TD for up to 240 weeks).

You should also file a state disability claim with EDD even if you have a Workers Comp Case. This allows you to get state SDI payments after 104 weeks if you’re still too hurt or sick to go back to work.

I’m Ed Smith, a Sacramento Workers Comp Lawyer  since 1982. My Firm is rated highly on Yelp and Avvo.

Call me anytime at 916-921-6400 in Sacramento or 800-404-5400 Elsewhere for free, friendly advice.