Temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer. By California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. Workers’ compensation applies to any injury or illness, which occurs in the workplace as a result of work-related duties, allowing those injured at work to claim temporary disability benefits while they recover.
When Do Temporary Disability Benefit Payments Begin?
Temporary disability (TD) benefit payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. By law, payments must be made every two weeks. If a payment is missed, the insurance company must pay penalties to you. The late payment penalty is generally between 10% and 25%, depending on the benefit and the reason for the delay.
California Labor Code 4650 covers 10% penalties for overdue payments and California Labor Code 5814 specifies penalties of up to 25% for temporary disability payments that are unreasonably late. These laws provide penalties if the following temporary disability benefits are delayed:
- Medical treatment
- Settlement funds
- Mileage reimbursement
- Any other payment the insurance company is required to make
If an insurance company is late with a temporary or permanent disability payment and is in vilation of California labor code 4650, then they must pay the 10% penalty. For a California labor code 5814 violation, you would have to show how the payment was unreasonably late. An experienced workers’ compensation attorney can help you show unreasonably late payments and ensure you are fully compensated for your work-related injury.
Do I Need A Lawyer to Receive Temporary Disability Benefits?
In California, if you are injured on the job, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. To begin receiving temporary disability benefits you do not need a lawyer. However, an attorney will ensure you receive the maximum amount of benefits from your workers’ compensation claim, so, it is recommended to speak with an attorney after a work-related injury. If you feel you have been at all under-compensated for your injuries, an attorney can file a lawsuit on your behalf. Reasons for filing a lawsuit against worker’s compensation include:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable and a workers’ compensation attorney can help.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
What if I am Terminated Before I File a Workers’ Compensation Claim?
In the unfortunate event that you are let go from your job, but realize you have suffered a work-related injury, you can still file a workers’ compensation claim. In order to do this, you will have to show:
- The employer was aware of your injury prior to the termination
- There are medical records prior to the layoff that show evidence of an injury
- The injury took place after you were notified you would be let go but before your last day of work
- The injury occurred over time, and you did not suffer any effect until after you were notified you would be terminated
Special Temporary Disability Benefits Status for Police Officers, Firefighters, and Government Employees
Under California Labor Code 4850 (b), certain eligible employees can receive one year of full pay instead of temporary disability benefits. Those who work in active law enforcement and firefighting can receive a full salary for one year instead of temporary benefits at two-thirds of the average weekly wage. Other eligible occupants include:
- Sheriffs
- Officers or employees of any sheriff’s office in California
- Inspectors, investigators, detectives, or personnel with comparable title in any district attorney’s office
- County probation officers, group counselors, or juvenile, services officers
- Probation officer and employees
- Lifeguards employed year-round by a county of the first class of by the City of San Diego
- Airport law enforcement officers
- Harbor or port officers, wardens, or special officers of a harbor or port district or city or county harbor
- Police officers of the Los Angeles Unified School District
Contact a Workers’ Compensation Lawyer in California
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation after suffering a work-related injury, the attorneys at Maison Law will pursue the full extent of the damages you are owed. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law to help you receive what you are rightfully owed. For legal counsel concerning your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charged a dime unless we win your case.
