Smith & Baltaxe, LLP

An Overview Of Temporary Disability In California Workers Compensation

By Bernhard Baltaxe on March 05, 2018

Suffering an on the job injury disrupts families pay, schedule, and needs. Disability claims involve many moving parts, but a knowledgeable workers compensation attorney understands the process and pursues every type of relief hurt workers are entitled to receive. Temporary disability benefits provide payment to workers who have suffered an on the job injury during the time it takes to recover. The purpose of the benefit is to replace the income that is lost while a worker is unable to perform their job duties. The attorneys at Smith & Baltaxe, LLP in San Francisco, CA, are familiar with the process to request these benefits, and work hard to see that hurt workers receive what they need to maintain their finances while recovering from an on the job accident.

patient on hospital bed with leg cast

What is Temporary Disability?

Temporary disability assistance is a form of payment in lieu of a paycheck, paid to persons recovering from injuries suffered in job site accidents. The payments are designed to last only as long as it takes the worker to recover and are typically only a portion of the regular pay. The amount of time temporary disability benefits are paid is also limited, because the benefit is only meant to last as long as it takes to recover.

Who Qualifies for Temporary Disability?

To make a claim for temporary disability benefits, workers must:         

  • Be eligible for workers compensation benefits.
  • Have filed a claim for benefits under the worker's compensation procedures.
  • Seek medical treatment for the injury sustained, so that a recovery can be made and the injury does not go untreated.

If the physician does not recommend an immediate return to work, an injured worker can make a claim for temporary disability as part of their worker's compensation case. Once the injury is healed and the worker cleared for duty, the temporary disability payments come to an end.

The Benefit of Legal Counsel When Seeking Temporary Disability Benefits

Many workers mistakenly believe if they are hurt at work the employer will make payments right away, and that a workers compensation claim is automatically granted. Unfortunately, many employers push back when benefits are sought, giving rise to the need for legal action. It is also possible for a claim to be denied by the Division of Workers Compensation (DWC) the first go around, which will require an appeal of the decision. Trained workers compensation attorneys with experience know how to file a claim properly and what to do when claims are denied. Certain time limits and procedures must be followed and allowing a qualified attorney to handle your case gives you the opportunity to focus on getting better while your attorney works to protect your claim.

Who to Call for Help with a Temporary Disability Needs

If you have questions about your rights after being hurt while at work, the attorneys at Smith & Baltaxe, LLP can help. We have experience helping people who have suffered on the job injuries and know what to do obtain the maximum benefits possible. Contact us online or call our office at (415) 292-7800.

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