Top 6 FAQs About Temporary Disability Benefits Answered

Temporary disability benefits can be a lifeline for workers who are injured or become ill and are unable to perform their job duties. However, the rules and processes can sometimes feel confusing. Many workers have questions about what qualifies them for benefits, how long they can receive them, and what their responsibilities are while on disability leave. We’ll address the top FAQs on the matter to help clarify some of the most common concerns.

What Are Temporary Disability Benefits?

For employees unable to work due to a work-related injury or illness, temporary disability benefits provide a partial wage. These benefits are designed to help workers recover while ensuring they still have some income to meet their needs. Workers in California can access these benefits through the state’s workers’ compensation program or the Employment Development Department (EDD) if the injury is non-work-related but still prevents the employee from working.

Who Qualifies for Temporary Disability Benefits?

Employees must meet several criteria to qualify for these benefits. First, they must be unable to work due to an illness or injury. In the case of workers’ compensation, the injury must be work-related. Also, a medical professional must verify that the employee cannot perform their usual job duties because of the condition. If your doctor determines you can return to work with restrictions, but your employer cannot accommodate those restrictions, you may still be eligible for benefits.

How Much Will I Receive in Temporary Disability Payments?

In California, temporary disability payments are typically two-thirds of the employee’s average weekly earnings, up to a state-mandated maximum. The exact amount depends on the employee’s income prior to the injury. These payments help replace lost wages, but they are not intended to cover the full salary. Workers can expect to receive benefits biweekly, and payments are tax-free, offering a bit of relief during recovery.

How Long Do Temporary Disability Benefits Last?

The duration of the benefits depends on the severity of the injury and how long it takes for the employee to recover. In California, workers can receive benefits for up to 104 weeks within a five-year period from the date of the injury. In certain severe cases, such as amputations or severe burns, workers may be entitled to additional weeks of benefits. Once the employee reaches maximum medical improvement (MMI) or is able to return to work, the benefits will end.

What Happens If My Employer Disputes My Claim?

If a doctor clears you to return to work with restrictions, you might still qualify for partial disability payments. These payments, known as “temporary partial disability,” are available if you return to work but earn less than you did before the injury due to reduced hours or responsibilities.

Can I Work While Receiving Temporary Disability Benefits?

If a doctor clears you to return to work with restrictions, you might still qualify for partial disability payments. These payments, known as “temporary partial disability,” are available if you return to work but earn less than you did before the injury due to reduced hours or responsibilities.

Disability Discrimination Lawyers in California

Temporary disability benefits are a boon for workers recovering from injury or illness, but disability discrimination can create unnecessary barriers. If you’re facing unfair treatment or difficulty accessing your benefits, knowing your rights is critical.

At Sirmabekian Law Firm, we focus on helping employees overcome disability discrimination and navigate California’s workers’ compensation system. With over 15 years of experience, our employment law attorneys are dedicated to ensuring you receive the benefits you deserve. Don’t let discrimination or disputes delay your recovery. Contact us today for a free consultation, and we’ll help you fight for your rights.