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Temporary Disability Payments

Often work related injuries are serious enough to prevent you from working for a while. In these situations, you may be eligible for temporary disability payments as a result of your injuries. At Howard Law, our knowledgeable workers’ comp lawyers regularly help clients secure temporary disability benefits while the recover from their injuries. If you are unable to return to work after a work related injury, we can help.

Qualifying for temporary disability payments

You can qualify for temporary disability benefits in one of two ways:

  • If you are hospitalized overnight you can qualify for temporary disability benefits from workers’ compensation, or
  • If you are unable to work for more than three days and your doctor provides written confirmation of your disability.
Amount of temporary disability payments

Typically, temporary disability benefits are 2/3 of your gross income. Temporary disability benefits are provided tax free and your gross income is calculated by looking at your pre-tax earnings for things like wages, commissions, bonuses, overtime and tips.

Length of temporary disability payments

You can collect temporary disability benefits for up to two years. During this time, you must have a doctor certifying your temporary disability and workers’ comp will likely ask for written confirmation of your ongoing disability at regular intervals. As soon as you return to work your temporary disability benefits will end.

State disability insurance

California offers state disability insurance (SDI) through the Employment Development Department as a safety net for injured workers. If you are struggling to get temporary disability benefits through workers’ comp or have exhausted your two years’ worth of benefits and haven’t been declared permanently disabled you may qualify for SDI.

However, it is important to remember that you are not allowed to collect both SDI and workers’ comp temporary disability payments at the same time. If you do so you will be required to pay back the over-payments you receive.

If you need help collecting temporary disability benefits in your workers’ compensation claim, call our office and ask to speak with one of our Orange County workers’ compensation attorneys. We can help you understand your options and work with you to get the benefits you need while your body heals. Call us now at (800) 872 – 5925, we are ready to answer your questions.