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Law Offices of Bo Katzakian

When do workers' compensation temporary disability payments stop?

California residents who are injured on the job and have injuries that are considered temporary can usually get temporary disability benefits. These are granted when the person has an injury that prevents him or her from doing the job for more than three days or there is an overnight hospitalization and if there is no work at the job the person can perform with the injuries and earn the same wages as before. With temporary disability, there is a time limit for which the person can receive them. Then the payments will end. Understanding important points about temporary disability includes knowing at what point they will stop.

The payments will stop in the following circumstances: if the treating doctor states that the person has recovered sufficiently to return to the job; the person can return to the job or to a modified or alternate job at the same wages as before; the condition is no longer improving nor is it worsening - referred to as "permanent and stationary"; if the person suffered the injury on or after the new year in 2008 and got up to 104 weeks of temporary disability in a five-year timeframe from the date the injury occurred, or the person was injured on or after April 19, 2004 to December 31, 2007 and got up to 104 weeks of temporary disability within two years of when the payments started. Certain injuries can warrant 240 weeks of temporary disability. These include hepatitis B and C, amputations, HIV, chronic lung diseases and more.

The worker will be informed that the payments are stopping by the claims administrator. A letter will be sent saying why the payments are stopping. All payments the worker received will be listed on the letter. It is required that it be sent within 14 days after the last temporary disability payment. If the treating doctor states that the person will never have a full recovery, it might be possible to get permanent disability benefits or a supplemental job displacement.

With workers' compensation benefits, there is always nuance as to what workers can get, depending on their injuries. There are also times when there is a dispute as to the perception of whether the worker can get back to work and the worker believes the injuries are preventing that. A law firm that is skilled and experienced in helping people with their workers' compensation claims may be able to assist with a case, whether it is about temporary disability benefits stopping or any other issue.

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  • San Jose: 408-624-8420
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