When workers in San Jose and throughout California suffer an injury on the job or become ill because of the work they do, there might be a vague understanding that they can file workers’ compensation claims. However, there are various aspects to workers’ compensation that they might not be completely familiar with. For example, temporary disability benefits (TD) are available if the worker meets the necessary requirements. TD can be paid if the person has lost wages because the doctor providing treatment says that the worker cannot do his or her job for more than three days or is hospitalized overnight and the employer does not provide a different kind of work that pays the same wages during recovery.
There are two kinds of TD benefits. If the person is unable to do any kind of work during the recovery and there is temporary total disability (TTD) payments or if the person can do some work during the recovery and the employer offers this work, it is possible to receive temporary partial disability (TPD) if the wages are lower than the amount set by law. TD benefits will be two-thirds of the pre-tax wages the person received when working. By law, the worker cannot get more than a maximum amount per week or less than the minimum amount per week. There will be no taxes paid on TD benefits.
It is difficult to gauge exactly how much a worker will receive for TD benefits. This is true in the cases of workers who have a second job when they get injured, if the job is seasonal, if the wages rise and fall based on circumstances, if there is income from overtime, a bonus, tips and more, if there were scheduled increases in wages after the date the injury happened, or the person received TD benefits more than two years after the injury happened.
Workers’ compensation is a right and those who have suffered an injury or illness on the job can receive TD benefits. However, it is important to know the various factors that go into the amount that will be paid and other issues. If there is a problem with receiving TD benefits through workers’ compensation or there are questions, a lawyer who is experienced in the process can help.
Source: dir.ca.gov, “Chapter 5. Temporary Disability Benefits,” accessed on July 11, 2017