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Ledgerwood Law Group

Q:
I’ve heard that it’s important to make sure I get all the temporary disability (TD) I’m entitled to after a workplace injury in Northern California. What information do I need and whom do I give it to? Also, isn’t my employer supposed to make sure I’m getting all the compensation I’m supposed to get?

A:

Let’s answer your last question first, because it’s one of the most dangerous misunderstandings about California workers’ compensation law.

Your employer and your employer’s insurance provider are on the “defense” side of the equation. The defense’s goal is to minimize the financial impact of your claim on the defense. No one on the defense is going to comb over your claim for any benefit you may have missed.

That’s why it becomes so important to at least consider hiring legal representation for the claims process—so you have someone with knowledge and experience looking out for your interests.

Back to your first question:  The claims administrator, or the adjuster at your employer’s insurance provider, determines the amount of your temporary disability (TD) payment. TD generally pays two-thirds of your pre-tax wages while you are unable to work due to a qualifying workplace injury.

All forms of income from your job factor into your TD payment; this includes lodging, tips, bonuses, and food, as well as wages. It may also include income from other jobs you had at the time of your injury. The insurance adjuster must be provided with documentation of every type of income you are claiming.

To learn more about your rights, talk to a skilled Northern California workers’ comp attorney at Ledgerwood Law Group. Call 888-761-7383 or complete our online form. Our helpful guide, The Northern California Workers’ Compensation Survival Manual, is FREE—call today to request your copy.