Riverside Temporary Disability Claims Attorneys

Qualifying for Temporary Disability Benefits

California employees are entitled to collect temporary disability benefits when a work-related illness or injury renders them unable to perform their normal job duties.  Workers can begin collecting benefits on the fourth day of being unable to work, or after staying overnight at a hospital.  The first three days will not be compensated unless the worker misses at least 14 days of work or is hospitalized overnight.

If a worker is able to perform some of their duties but not enough to work their normal full-time position, then they may be able to collect partial benefits.  Partial benefits are intended to cover the difference between what the employee would normally earn and what they are earning while partially disabled.  If the worker is unable to perform their job duties at all during this time, or if the employer cannot find them work to do based on their current medical restrictions, then the employee can qualify for temporary total disability benefits.

A dedicated and compassionate temporary disability benefits attorney can help you qualify for the maximum available temporary disability benefits after your workplace injury.  It is important to satisfy all statutory conditions and requirements, including appropriate bureaucratic steps, in order to preserve eligibility and ensure maximum benefits.  Make sure you make the strongest case for your benefits by speaking with a seasoned California workers’ compensation attorney about your claims.

What Income Does Temporary Disability Provide?

Totally disabled workers can receive two-thirds of their average weekly salary, up to the legal maximum.  They must be given their first payment within 14 days of when the employer is notified of the injury and accepts liability.  Further payments must be paid at least twice a month thereafter.  Temporary disability benefits are non-taxable.

How Long Do Temporary Disability Benefits Last?

Employees are entitled to start receiving benefits after they have missed more than three days of work due to illness or injury.  Temporary disability benefits will end when one of four things happens:

• The employee returns to work
• A doctor advises the employee they are capable of returning to work
• The condition stabilizes, and the employee transitions to permanent disability benefits
• The employee reaches the statutory limit for temporary disability benefits

California law limits temporary disability to 104 weeks within a five-year period from the date of injury.  This limitation does not affect permanent disability benefits.  Employees may receive up to 240 weeks of temporary disability for certain conditions including hepatitis, amputations, severe burns, human immunodeficiency virus (HIV), chronic lung disease, and certain eye injuries.