Temporary Disability Benefits Attorney in Van Nuys, CA
Temporary disability (TD) benefits replace a portion of lost wages while a work injury prevents you from working, or limits you to work that pays less than your regular job. TD is generally paid at roughly two-thirds of your average weekly earnings, subject to statutory minimum and maximum weekly amounts that are adjusted periodically. Payments continue until you return to work, reach maximum medical improvement, or exhaust the maximum number of weeks allowed for most injuries.
Key Points
- Temporary total disability applies when you cannot work at all; temporary partial disability applies when you can work in a limited capacity at reduced pay
- Benefits are generally capped at 104 weeks within five years of the injury for most claims, with limited exceptions for certain severe injuries and illnesses
- The insurer calculates your average weekly wage based on earnings before the injury — overtime and certain other earnings may or may not be included depending on the facts
- Payments can be delayed or terminated based on medical reports, which makes it important that the treating physician’s records accurately reflect your condition
Considerations
- A dispute over the correct average weekly wage calculation can significantly change the benefit amount
- If an insurer unreasonably delays or terminates TD payments, penalties may be available in addition to the underlying benefit
- TD benefits stop once you reach maximum medical improvement — at that point, the focus shifts to permanent disability
California Law Note
Temporary disability weekly minimum and maximum amounts are set by statute and adjusted periodically (Labor Code § 4653) — the applicable rate depends on the date of injury, not the date benefits are calculated.
Related Questions
What benefits am I entitled to after a work injury?
California workers’ compensation generally provides four categories of benefits: medical care (treatment needed to reach maximum medical improvement, with no dollar cap), temporary disability (wage replacement while you can’t work), permanent disability (compensation for lasting loss of function), and a supplemental job displacement benefit (a training voucher if you can’t return to your usual job and aren’t offered modified work).
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