Workers Comp Attorney Oakland CA

Temporary Disability Payments are one of the most debated topics in California’s Workers’ Compensation System. There is lot of confusion and misinformation on this subject as workers often have little clue on what they need to do once their disability payments stop. Here we look at some of the things that you need to know about these payments.

What Are Temporary Disability Payments?

Workers Compensation Law in California provides monetary support to injured workers when their injury or illness forces them to take a long break from work. This is meant to cover the loss of income and support workers in their journey towards recovery. There are two categories of benefits provided to the workers: TTD (Temporary Total Disability) and TPD (Temporary Partial Disability) benefits.

When Can Temporary Disability End?     


As the name suggest, this is a temporary benefit that is extended to the workers while they recover from their injuries and seek required treatment. There are several reasons your disability payments can end and here are some of them

  • Your treating physician certifies that you can continue employment either in the previous role or with modified duties based on any limitations you may have developed.
  • You have reached 104 weeks or 2-year cap on the benefits. Your employer and their insurer are not required to make you any further payments beyond the 104 week cap.
  • Your recovery process has reached its peak (Maximum Medical Improvement)

What Can You Do?

Seeking help under the State Disability Insurance is an option that is explored by many workers, but this too has a cap on the number of months you’d receive your insurance benefits. Though Temporary Disability Payments is a big boon to injured workers it isn’t often fair enough for all the workers especially those who have suffered serious injuries. For instance the 104-week cap is merely a technicality in this law, and recovery from injury can often take more time. There are also instances when doctors in your employer’s network recommend your return to work with no or minor limitations even though you are still struggling with your recovery.

If you feel Temporary Disability Benefits have been unfair or you waited for a long period to seek treatment, qualified workers compensation lawyers  who will advise you on the right course of legal option.

Summary:

In this write-up we look at some of the things you need to know Temporary Disability Payments and what to do when these payments stop.

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James Latimer
James Latimer
Law Office of James E. Latimer & Associates features a certified and diverse group of legal professionals dedicated to achieve justice for their clients. We understand the stress that work injury can cause and fight for you to get the best settlement

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