How Long Do Temporary Disability Benefits Through Workers’ Comp Last?

 Posted on February 21, 2022 in Workers' Compensation

A serious injury can cause a great deal of difficulty in a person’s life, but those who are injured while working will often be eligible for workers’ compensation benefits that can ease some of the burden. When an injury is serious enough that it limits a person’s ability to work while they are recovering, temporary disability benefits will provide the person with compensation for some of the income they have lost. However, as the name implies, these benefits will only last for a certain amount of time, and workers who are subject to limitations on the work they can perform following an injury will need to understand how long they can receive benefits.

Understanding the Limits on TTD and TPD Benefits

A person will be eligible for temporary disability benefits if they require overnight hospitalization following an injury or if the doctor who provides treatment following an injury determines that they will be unable to return to work for at least three days. Temporary disability benefits will provide compensation for the income lost due to the inability to work at the level that would allow a person to earn the wages they received before they were injured.

Two different types of temporary disability benefits will be available depending on whether a person will be able to work at all while they are recovering. A person may receive temporary total disability (TTD) benefits if they are completely unable to work, or they may receive temporary partial disability (TPD) benefits if their employer offers them the opportunity to work at a reduced capacity, such as working for fewer hours or in a lower-impact position that pays less than what they previously earned.

Temporary disability benefits will provide a person with two-thirds of the amount of gross income they have lost. That is, TTD benefits will pay two-thirds of the person’s wages prior to their injury, and TPD benefits will pay two-thirds of the difference between what they previously earned and the amount they can currently earn when working at a reduced capacity. Minimum and maximum limits apply, and these limits are adjusted each year based on the average weekly wages earned by workers in the State of California. For injuries that occurred after January 1, 2022, the minimum weekly temporary disability benefit is $230.95, and the maximum weekly benefit is $1,547.40.

Temporary disability benefits will usually be paid until a person receives authorization from their doctor to return to work at full capacity. They may also end if a person is able to return to modified or alternate work at the income level they received prior to their injury or equal to the maximum TTD benefit. If a person is unable to return to work, temporary disability benefits will end after 104 weeks or when the person reaches the maximum level of medical improvement. In these cases, the person may qualify for permanent disability benefits.

Contact Our San Benito County Temporary Workers’ Comp Benefits Attorneys

At Cramer + Martinez, we can help you understand the types of benefits you are eligible to receive following a work injury, and we can work with you to file a workers’ comp claim or dispute the denial of benefits. Contact our Hollister workers’ compensation lawyers at 408-848-1113 to schedule a complimentary consultation today.

Sources:

https://www.dir.ca.gov/injuredworkerguidebook/Chapter5.pdf

https://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm