Temporary disability payments are safety nets for injured workers. Should an injury occur on the job that prevents you from your normal work habits, you may be eligible for temporary disability payments. As a general rule, temporary disability payments are 2/3 of gross income, provided tax free. Gross income is pre-tax earnings, including wages, tips, commissions, bonuses, overtime, etc. This amount will change on a case by case basis.
Eligibility for temporary disability payments can begin when a doctor states that you cannot perform your usual work duties for more than three days or if you are hospitalized overnight. Temporary disability eligibility will end when you start working again, the doctor release you for work, or if the doctor states that you have recovered as much as possible from your injury.
Temporary disability has a maximum duration of two years, with longer durations possible for some severe injuries. Depending on the date of the injury, duration may be limited or expanded, so be sure to discuss your temporary disability situation with one of our workers compensation attorneys.
Injured California workers can also file a claim for state disability insurance (SDI) with the Employment Development Department. Even if your workers compensation claim for temporary disability is accepted, SDI benefits can provide you with payments if your injuries persist and you cannot work after the 104 week time limit. Be wary, however, as injured workers in California are not allowed to 'double-dip' these payments.