If you suffered a work injury during the course of your employment, you may be eligible to file a workers’ compensation claim. If your claim is approved, you might be entitled to recover various benefits. Potential benefits in work injury cases include compensation for medical bills, a portion of your lost earnings, and various permanency benefits.
In some instances, work-related injuries prevent accident victims from performing their typical job duties while they recover. In that instance, you might be eligible for temporary disability (TD) benefits.
A knowledgeable work injury lawyer in your area can determine if you are eligible to recover these and other benefits following your workplace accident. If you are, your lawyer could file the claim on your behalf and work to pursue the compensation you deserve from your employer’s insurance company.
Insurance companies often offer less in TD benefits than you deserve, or they might challenge your eligibility for disability benefits altogether. You need a legal advocate seeking the TD payments that you need and deserve under the law.
Eligibility for TD Benefits
An injured worker is eligible to recover TD benefits under several circumstances. Those circumstances include both of the following:
- Your treating medical provider tells you that you cannot complete your typical job duties for a period of greater than three days – or that you must stay overnight in the hospital
- Your employer has not offered you some other type of work that pays the same amount during the time you are recovering from your accident-related injuries
Different Types of TD Benefits
There are several types of TD benefits that you could recover, depending upon the circumstances of your accident and the extent of your injuries.
First, if your injuries prevent you from working in any capacity while you recover from your injuries, you may be eligible to recover temporary total disability (TTD) compensation.
If you can perform some type of work while you recover from your injuries — and your employer makes this work an option — you could recover temporary partial disability (TPD) benefits. You are eligible for these benefits if your wages during this recovery period are less than the maximum legal limit.
Amount of TD Benefits You Can Recover
Under most circumstances, the amount of TD benefits is two-thirds of an injured worker’s gross wages that they lost while recovering from their on-the-job injury. However, these benefits are subject to a weekly minimum and maximum amount which the legislature sets.
For example, the maximum rate for 2022 is $1539 per week for 104 weeks. The time can be extended to 240 weeks for certain conditions:
- Severe burns
- Acute and chronic hepatitis B
- Acute and chronic hepatitis C
- Human immunodeficiency virus (HIV)
- Pulmonary fibrosis
- Chronic lung disease
- High-velocity eye injuries
- Chemical burns to the eyes
You should also keep in mind that if you receive TD benefits, you will not pay state, federal, or local income taxes on these benefits.
Contact an Experienced Work Injury Lawyer in Your Area Today
Suffering an injury while on the job may entitle you to recover various benefits, including TD benefits. An experienced El Monte work injury attorney in your area can determine your eligibility to recover TD and related benefits as part of your claim. Your lawyer will then zealously represent your interests during the claim process.