California Workers’ Comp: Temporary and Permanent Disability Benefits

 Posted on November 16, 2021 in Workers' Compensation

Being injured while on the job can lead to many difficulties, especially if a person is unable to return to work while they are recovering. If an injury is serious enough, it can permanently affect the types of work that a person can perform, and this can impact the income they will be able to earn during the rest of their career. Fortunately, a person who suffers an on-the-job injury will usually qualify for workers’ compensation benefits. However, navigating the process of filing a workers’ comp claim can be complicated, and it is important to understand how both temporary and permanent disability benefits will be handled in these cases.

Disability Benefits in CA Workers’ Compensation Cases

If an injury causes a person to miss more than three days of work, or if they need to spend the night in a hospital while receiving treatment, they can begin receiving temporary disability (TD) benefits. These benefits will provide two-thirds of the amount lost due to being unable to work. In total disability cases, a person will receive two-thirds of their pre-tax wages. In partial disability cases where a person can work part-time or at a lower wage while recovering, they will receive two-thirds of the difference between their pre-injury wages and the amount they are currently earning. Notably, TD benefits are calculated based on all of the income a person was able to earn before being injured, including hourly wages, overtime, salary, bonuses, tips, commissions, food and lodging expenses, and income earned from other jobs.

TD benefits may be paid for a maximum of 104 weeks within five years after a person was injured. These benefits will stop being paid when a person’s doctor releases them to return to the work they had formerly performed. TD benefits will also stop when a person reaches the point of maximum medical improvement (MMI), even if they suffer permanent impairments that will cause them to be unable to return to work fully. In these cases, a person may qualify for permanent disability (PD) benefits.

Once a person’s condition has stabilized, their doctor will determine whether they have permanent disabilities that may affect the work they are able to perform. The doctor’s report to the Department of Workers’ Compensation (DWC) will be used to determine a PD rating. This will be used to calculate the person’s percentage of disability, and the full amount of benefits that a person will receive will be based on this percentage and their wages before being injured. PD benefits may be paid in a lump sum settlement, or a person may receive a stipulation settlement in which payments will be made over time.

Contact Our Morgan Hill Workers’ Compensation Disability Benefits Lawyers

During a workers’ compensation claim, a person has the right to be represented by an attorney. At Cramer + Martinez, we can work with you to make sure your disability rating is determined correctly, and we will advocate on your behalf to help you receive the maximum benefits you deserve. Contact our Gilroy workers’ comp attorneys at 408-848-1113 to schedule your free consultation.

Sources:

https://www.dir.ca.gov/dwc/WCFaqIW.html

https://www.dir.ca.gov/dwc/FactSheets/FactSheet_c.pdf

https://www.dir.ca.gov/dwc/FactSheets/FactSheet_D.pdf