Can I Get Temporary Disability Benefits Through Workers’ Comp?
Our Gilroy Workers’ Compensation Law Firm Can Help
If you have been injured on the job in California, you might be entitled to compensation and protection from your employer. California workers compensation laws state that you can file a workers’ comp claim for temporary disability benefits to make up for two-thirds (2/3) lost wages. However, this can be a complicated and difficult legal process to traverse, and it could be made all the more difficult if your employer refuses or disagrees with your claim.
In such circumstances, it is best to work with a Gilroy workers’ compensation law firm like Cramer & Martinez, LLP. We have a proven track record of success with workers’ comp claims in California and vast knowledge of job-specific laws and procedures that allow us to advocate for you to the fullest extent and protect your interests. For more than 20 years, our firm has been representing injured workers and want to put our skills to work for you.
How Does Temporary Disability Work Through Workers’ Comp?
State law in California requires employers to have a workers’ compensation insurance policy. By definition, workers’ compensation is an insurance-based program run by the state (in this case California) that covers employees from their first minute on the job. Injuries can be minor, serious or even cause death. They could be a back injury, a head injury, a burn, broken bone, concussion or something else.
To become eligible for workers’ comp in California, you have to have been hurt or fallen ill somehow while acting on behalf of your employer. If you are injured or fall ill while on the job, you should seek medical attention right away and notify your employer as soon as possible to fill out a workers’ comp claim form. Your employer then has one day to forward the form to the appropriate administrator. Within one day, your employer must authorize up to $10,000 in medical treatment. However, your temporary disability benefits would not start until after your claim has been approved.
In California, the law requires you to notify your employer within 30 days of your injury to qualify for benefits. You might have more than 30 days if you are physically or mentally debilitated by the injury or it is a repetitive-motion injury (an injury that is caused by movement and overuse of a body part). You should consult with a workers’ comp lawyer in California about the specifics of your situation.
How Long Can I Receive Temporary Disability Benefits?
Temporary disability benefits pay about two-thirds of your pre-tax wages while you are recovering. Your payments begin when your doctor says that you cannot do your usual work for more than three days or if you are hospitalized overnight. You should receive your payments every two weeks. They stop when you return to work or your doctor releases you to work.
Benefits are payable for 104 weeks maximum. The state of California does not provide long-term disability benefits. After one year, you might consider taking out a long-term disability policy from an insurance company or through an employer or seeing if you qualify for Social Security Disability or State Disability Insurance.
To find out more about your options when your benefits might run out, you might find it best to consult with a Gilroy workers’ compensation law firm. If you have issues concerning your workers’ compensation claim and temporary disability benefits, a Gilroy workers’ compensation lawyer can provide the answers you need.
Questions? Contact Our Gilroy Workers’ Compensation Law Firm Now
The system in place in California works to protect both the employer and the employee. At times, it might seem that the system is favoring your employer and you might worry that you will not receive fair compensation. Fear not, our Gilroy workers’ compensation law firm understands the unique challenges workers’ compensation cases can present. We can help you with the large amounts of paperwork, if your medical treatment is being delayed or denied and if you are concerned over whether or not you can count on your settlement or temporary disability benefits.
We offer personalized service and work to maximize your claim so that you can focus on making a full recovery from your injury. Call us at (408) 763-8336 or contact us online. For your convenience, some members of our staff speak Spanish.