When you’re involved in a workplace accident, the severity of your condition will determine the type of benefits you can collect through workers’ compensation. With a serious injury, you may not be able to work at all for a certain amount of time. However, if your doctor expects you to improve and eventually recover with treatment, you’ll likely be placed on what’s called temporary total disability.
What do Temporary Total Disability Benefits Cover?
On temporary total disability, you will receive bi-weekly checks to compensate you for missed wages while you’re unable to work. Additionally, your employer’s insurance carrier will pay for all provable, reasonable, and necessary work-related medical bills until you’re back on your feet and approved to return to work.
How Much will I Earn?
Temporary total disability payments are usually equal to two-thirds of the wages you were earning before your accident. For example, if you are a part-time nurse’s aid and your gross wages prior to becoming injured were $300 per week, your temporary total disability payments will be $200 per week. That being said, there are minimum and maximum weekly amounts you can collect under California law depending on the date of your injury.
According to the Injured Worker Guidebook, the following limits apply:
If you were injured in 2016 and your gross wages before your accident were more than $1,692.65 per week, your temporary total disability payments will be a maximum of $1,128.43 per week.
If you were injured in 2016 and your gross wages before your accident were less than $253.89 per week, your temporary total disability payments will be a minimum of $169.26 per week.
If your weekly gross wages prior to your accident fell somewhere in between these two limits, the two-thirds rule above will apply.
When and How will I Receive My Payments?
Once your employer learns about your injury or illness and your treating doctor confirms that your condition is severe enough to prevent you from doing your job, you should receive your first payment within 14 days. It will arrive along with a letter from the claims adjuster explaining how your benefits were calculated.
You’ll continue to receive temporary total disability benefits every two weeks until one of the following happens:
You go back to work.
Your treating doctor says your condition has improved and you can return to work.
Your doctor says you’ve suffered permanent impairment and are no longer expected to improve. In this case, you’ll start receiving permanent disability payments right away.
Two years have gone by since you started collecting temporary disability benefits and you are no longer eligible.
We’ll Fight on Your Behalf
When you’re seriously injured, the last thing you want to do is figure out how you’ll stay afloat financially while you can’t work. That’s where we come in. At the Law Offices of Gerald D. Brody & Associates, it’s our job to negotiate the best possible benefits for you so you can put all of your focus on recovery.
Give us a call today to set up your free, initial consultation. We’d be happy to review your case and advise you on the best approach for a successful settlement.