Gilroy, CA Workers' Compensation Temporary Disability Benefits Lawyers

Attorneys Helping Injured Employees Recover Lost Wages in Santa Clara County

In California, if you are injured at work, your employer is legally required to provide workers' compensation benefits that cover your necessary medical care. However, the financial impact of a serious work-related injury can extend far beyond your medical expenses if it affects your ability to work. To account for this, workers' compensation can also include temporary disability benefits that cover a portion of your lost wages while you are recovering.

At Cramer & Martinez, LLP, we represent injured employees throughout the workers' compensation process, and we will work to ensure that you receive all temporary disability benefits to which you are entitled. We have more than 20 years of combined legal experience, and we know how to work with employers, claims administrators, treating physicians, and the Division of Workers Compensation to achieve the best possible outcomes for our clients.

Who is Eligible for Temporary Disability Benefits?

You are eligible for temporary disability benefits if your work-related injuries prevent you from returning to your regular job for longer than three days, as long as your employer does not make other arrangements to provide work that you are capable of performing and that will allow you to earn your pre-injury wages. Your inability to return to your normal work is determined based on the scientific opinion of your primary treating physician.

If you are unable to work in any capacity during all or part of your recovery, you are eligible for temporary total disability (TTD) benefits for that time. On the other hand, if you are able to work for reduced hours, in a reduced capacity, or perform different job tasks, and your employer makes arrangements for you to do so at a reduced wage, you are eligible for temporary partial disability (TPD) benefits.

How are Temporary Disability Benefits Calculated?

The basic calculation of temporary disability workers' compensation benefits is two-thirds of the gross weekly wages you have lost as a result of your injuries. If you are eligible for TTD benefits, this likely means you will receive two-thirds of your total pre-injury wages, whereas if you are eligible for TPD benefits, you will likely receive two-thirds of the difference between your pre-injury and post-injury wages. However, there are a couple of caveats:

1. Your benefit amount may be more challenging to calculate if your wages are subject to variance; for example, if you are eligible for bonuses, overtime, tips, or commission, or if your wages vary seasonally. Your attorney can help you ensure that all of your possible income from before the injury is considered in the calculation.
2. California law imposes a maximum and minimum amount for weekly temporary disability limits. These amounts are determined based on the year in which you were injured, and they have recently been steadily increasing each year. This means that depending on your wages before your injury, you may receive benefits that are greater or less than two-thirds of your lost wages.

Temporary disability benefits are typically paid every two weeks throughout your recovery, and they can terminate under one of the following circumstances:

• You are able to return to work at your regular wages from before your injury.
• You have reached maximum medical improvement.
• You have been receiving temporary disability benefits for two full years, or 104 weeks, with some exceptions.

If you are no longer eligible for temporary benefits and the effects of your injuries still impede your work, you may be eligible for permanent disability benefits.

Help From Your Morgan Hill Workers' Comp Attorney

If you believe that you are not being granted the temporary disability benefits that you are entitled to, your attorney can help. We can work with you to challenge your treating physician's assessment of your work restrictions by seeking a second opinion or an independent review, and we can also help you contest a claims administrator's denial of your temporary disability benefits by filing an appeal. We will also work to ensure that you receive payments on time and that your employer is held accountable for any unreasonable delays.

Contact a San Benito County Workers' Compensation Lawyer

When an on-the-job injury is affecting your livelihood, you need an attorney who can help you get the benefits you need. Contact us today at 408-848-1113 for a free consultation. We serve injured employees in Gilroy, Morgan Hill, Hollister, Salinas, San Jose, Watsonville, Los Banos, and throughout Santa Clara County, San Benito County, Monterey County, Santa Cruz County, and the surrounding areas.