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Ledgerwood Law Group

Q:
I’ve heard that I can get temporary disability as part of my California worker’s comp claim. What is it and how long does it last?

A:

When you are injured at work, you will receive a portion of your lost income in lieu of your regular paycheck. This is called temporary disability, and is meant to support disabled California employees with their bills and medical costs until they are able to return to work.

How much is it?

Temporary disability is non-taxable, and is typically set at two-thirds your normal salary (the exact amount is subject to certain maximums and minimums that frequently change).

How long will it last?

Your temporary disability benefits are meant to support you until you are able to support yourself. For that reason, your temporary benefits will continue until your condition has reached maximum medical improvement. This means that your injury has improved to the point that no additional time off of work will increase your abilities or range of motion. However, just because you have reached maximum medical improvement does not mean you will be able to go back—it just means your temporary benefits will expire.

What if my condition never improves?

Regardless of when (or if) your condition improves, the maximum amount of time you may receive temporary disability is limited to two years. If you are still unable to work, you must meet the qualifications of permanent disability benefits, which are meant to compensate you for suffering a indefinite loss in your future earning capacity.

Are you nearing the two-year mark of your workers’ compensation claim? We can help you continue to receive payments for medical bills, rehabilitation, adjustments to your home that can aid your recovery, and more. Call the Ledgerwood Law Group at 888-761-7383 to speak to an attorney about your case, or click the link on this page to get your FREE copy of our report, The Northern California Workers’ Compensation Survival Manual.