Workers’ compensation benefits are a lifeline that offers support for those who were injured at work, either from an accident or other hazards associated with their job. Under California laws, workers’ comp includes numerous benefits, including disability payments, to help injured employees while they are in the recovery process.
Understanding the types of disability benefits that are available is crucial for employees – as well as the employer – as they navigate the workers’ compensation system and work towards a fair resolution that’s complaint with state laws. In this article, we will look at temporary and permanent disability benefits provided by workers’ comp and the key differences between these payments in a California WC claim.
While we generally talk of disability benefits as temporary or permanent, there are actually 4 categories of disability that can be paid to workers who are recovering from an illness or injury. First, let’s look at the general categories of temporary and permanent disability for workers’ compensation and how they differ:
Temporary Disability
Temporary disability is paid to workers when they sustain an injury that prevents them from performing their regular job duties. The benefits are paid until the employee is recovered enough to resume their role at work, or they have reached the point of maximum medical improvement (MMI), meaning no further improvement can be expected, even with all the available treatments and services.
TD payments normally cover two-thirds of your average weekly earnings, and there is a maximum limit that’s established by state law. These benefits help workers by providing the funds they need while they are out of work.
Permanent Disability
PD or permanent disability benefits are paid when a worker has permanent complications that prevent them from a full recovery after a work-related injury or illness. Essentially, the worker has reached MMI, but they are still disabled to the point where it’s necessary for them to receive replacement wages on a permanent basis.
In California, how much you can receive in permanent disability in based on a disability rating system, which is determined by your treating physician. Unlike temporary disability, PD can last for years, or even the rest of your life, depending on the severity of disability.
A Further Breakdown of Disability Benefits for Injured Workers
Temporary Total Disability
TTD is provided by the worker’s compensation system when you are unable to work because of a workplace injury or work-related illness. The funds you receive will replace a portion of the wages you will lose while you are in recovery. Normally, the compensation amount is two-thirds of your weekly wages, which are subject to minimum and maximum limits under California law.
Temporary Partial Disability (TPD):
If an employee can go back to work, but on a restricted basis because of their injury, they can receive TPD benefits to make up for the difference in wages. The amount that the worker is eligible to receive is calculated as a percentage of their weekly wage – same as the process for calculating temporary total disability benefits.
Permanent Total Disability (PTD):
PTD is available to workers that are diagnosed with permanent disability, which makes them unable to work in any capacity. Permanent total disability may be paid for the worker’s lifetime, or until it’s determined that they can return to the workforce. Subject to maximum limits, the amount of benefits is normally two-thirds of your weekly wage.
Eligibility Criteria for Disability Benefits
In order to qualify for disability benefits from the California workers’ compensation program, you must meet the following criteria:
- You must have been employed at the time of the injury and covered by your employer’s worker’s comp insurance. Certain workers, like independent contractors, may not be eligible for worker’s compensation benefits.
- The temporary or permanent disability must have resulted from an occupational illness or workplace injury. Make sure to report your injury / illness to your employer and seek medical attention right away.
- To receive temporary disability, you must be unable to work or need to work under restrictions recommended by a medical professional.
- To receive permanent disability, a QME (qualified medical evaluator) or AME (agreed medical evaluator) must determine the degree of impairment according to a disability rating scale.
Contact a California Employment Rights Lawyer
Those who are injured within the scope of employment can take advantage of California’s comprehensive workers’ compensation system. But understanding the benefits that are available to you and succeeding in a WC claim is not a smooth process for everyone.
No matter the issue, rest assured that the attorneys of California Labor Law Employment Attorneys Group are here to help, 24 hours a day, 7 days a week. We are happy to provide you with a free consultation, where you can learn about your rights and legal options. If you need representation for a WC dispute with your employer or the insurance company, we will take your case on contingency, so there is no need to pay upfront. And with the Zero Fee Guarantee, we only get paid once your settlement check is released, meaning you owe us $0 if you don’t receive compensation from a successful claim.
If you are ready to explore the legal actions that are available to you, contact our office and talk to a lawyer that specializes in workers’ compensation cases.
