Workers’ Comp and Lost Wages for Temporary or Permanent Disability
After a work injury, getting medical treatment is paramount. But no less important is financial help to make up for the wages you are missing while out of work healing and recovering. Wage replacement benefits are a crucial aspect of California’s workers’ compensation system, and a worker’s compensation attorney can help ensure you are getting all the benefits you are entitled to under the law. Learn more below about workers’ comp and lost wages for temporary or permanent disability. For help with your workers’ compensation claim in Orange County or the Inland Empire, contact Invictus Law, P.C., to speak with an experienced and successful California Workers’ Compensation Specialist.
What Are Wage Replacement Benefits?
Wage replacement benefits are a type of workers’ compensation benefit designed to partially replace the income you lose if a work-related injury or illness prevents you from working. Under California workers’ compensation law, these benefits serve as a financial lifeline, helping you cover everyday expenses while you focus on recovery.
To qualify for wage replacement benefits in California, you must meet the following criteria:
- You suffered a work-related injury or illness.
- Your injury or illness results in temporary or permanent disability, preventing you from performing your usual job duties.
- Your employer has been notified about the injury or illness.
- Your claim has been approved by your employer’s workers’ compensation insurance carrier.
Any one of these elements could be challenged by your employer or their insurer, resulting in a denial of your claim. In these situations, legal representation is critical to overcoming claim denials and proving your entitlement to receive wage loss benefits during your period of disability.
Wage replacement benefits in California come in different forms, depending on the nature and extent of the disability. The primary types of wage replacement are temporary disability benefits and permanent disability benefits.
- Temporary Disability Benefits (TD): If your work injury temporarily disables you, TD benefits aim to replace a portion of the wages you lose while recovering. These benefits typically amount to about two-thirds of your pre-injury gross wages, subject to minimum and maximum limits set by state law.
- Permanent Disability Benefits (PD): Should your injury result in a permanent disability, PD benefits may be awarded. The amount depends on the extent of your impairment, your age, occupation, and pre-injury earnings, reflecting the lasting impact on your earning capacity.
While not considered a replacement for lost wages per se, Supplemental Job Displacement Benefits vouchers can help cover educational retraining or skill enhancement if you’re unable to return to your previous job, enabling you to pursue new employment opportunities.
The process of applying for wage replacement benefits involves several steps, including reporting your injury to your employer, seeking medical treatment, and submitting a claim form (DWC-1) provided by your employer. It’s vital to act promptly to avoid delays in receiving your benefits.
Why Choose Invictus Law, P.C.?
At Invictus Law, P.C., we understand the complexities of California’s workers’ compensation system. Our Board-Certified Workers’ Compensation attorney has extensive experience representing workers in Orange County and the Inland Empire, ensuring that your rights are protected and you receive the maximum benefits you’re entitled to. We’re committed to providing personalized legal guidance, from navigating the claims process to advocating for you in disputes over benefits.
If you’re dealing with a work-related injury in Southern California, don’t face the workers’ compensation system alone. Invictus Law, P.C., with expertise in workers’ compensation law and a deep commitment to our clients’ well-being, is here to help you secure the wage replacement benefits you need to support yourself and your family during your recovery. Contact our offices in Orange or Ontario today at 949-284-5711 or 888-9WORKLAW to find out how we can assist you with your workers’ compensation claim.
