Temporary Disability Benefits in California Workers’ Compensation
When a work injury isn’t permanently disabling or only provides a partial limitation on your ability to do your work, you may need help making ends meet for only a short amount of time or on a partial basis. California workers can file for temporary disability benefits on a total or partial basis to help them through this time.
Many California employees find it easier and less stressful to get the help of an experienced workers’ compensation lawyer when applying for benefits or facing a denial of their claims. If the injury fails to improve or becomes worse, then an attorney can help transition temporary disability payments into permanent benefits. The dedicated and effective Orange County disability benefits attorneys at Invictus Law are committed to helping injured workers get the benefits they deserve after a work injury. Contact the Orange offices of Invictus Law today for a free consultation on your workers’ compensation claim.
How Do California Workers Qualify for Temporary Disability Benefits?
California employees can qualify to receive temporary disability benefits after suffering an injury on the job that leaves them unable to do the job they did before their injury or unable to work at all. A worker can qualify for temporary disability after being unable to work for as few as three days, or after being kept overnight at a hospital.
If the injured employee can still work to some degree but earns less than they normally would, then disability payments will be partial, covering the difference between what the worker is currently earning and what they typically earn. If the employee is unable to work at all, or if the employer cannot offer them work that they’re capable of doing under their current restrictions, then the worker can qualify to receive temporary total disability payments.
What If My Doctor and I Disagree About My Condition When I File a Claim for Temporary Disability?
In some cases, an injured employee and the assessing physician may disagree over whether the employee is able to perform a given work task. If the physician clears an employee for work but the employee feels physically unable to do the work for which they have been cleared, the worker may wish to seek a second opinion. The worker will need to see a Qualified Medical Examiner (QME) or Agreed Medical Evaluator (AME) in order to get a second opinion that would qualify them to receive disability benefits. The experienced Ontario workers’ compensation lawyers at Invictus Law help workers navigate the process of using a second medical opinion to obtain the benefits they need.
How Long Will My Benefits Last?
A worker who is receiving temporary disability benefits will be required to attend doctors’ appointments every 45 days to find out whether the worker is able to return to work. A physician may determine that the worker’s condition is improving but still poor enough that they can’t work, has improved to the point that the worker can return to work, or that their condition has stabilized and they qualify for permanent disability benefits. California employees can receive 104 weeks’ worth of temporary disability during the five years following an injury.
Call Invictus Law for Help with Temporary Disability in Orange County and the Inland Empire
If you’ve been injured on the job in California and need help getting permanent or temporary disability benefits, contact the dedicated, aggressive, and effective Orange County disability benefits lawyers at Invictus Law at 949-287-5711, serving Orange County and the Inland Empire with offices in Orange and Ontario.
