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Leep, Tescher, Helfman And Zanze

How do I qualify for temporary disability benefits?

On Behalf of | Aug 13, 2021 | workplace injuries |

A worker suffered a broken leg on the job after a piece of equipment fell on them. Now, they have to stay at home until their leg heals.

This worker may be worried about losing their income while they are out, recovering. Temporary Disability (TD) benefits are one form of assistance for which they may be eligible.

After the worker suffered a broken leg, they should receive medical attention through workers’ compensation. California law requires employers to buy workers’ compensation insurance so their employers won’t lose out on all of their regular income. The worker should request a DWC 1 claim form, which starts the process.

Do I have to fill out the claim form my employer gave me?

Injured employees fill out this claim form so DWC is able to start the compensation process. This form should be filled out as soon as possible because if it is filled out and submitted more than one year later, they may not receive benefits.

What are temporary disability (TD) benefits?

TD benefits are payments the worker receives. These payments may help to replace a portion of their regular income. Because their injury keeps them from working, the TD benefits allow them to continue receiving some income.

How does the Division of Workers’ Compensation calculate TD benefits?

DWC calculates two-thirds of the worker’s pre-tax earnings at the time of their injury. The agency uses rates which have been set by state law.

The worker’s TD benefits begin once their doctor reports that the worker cannot do their normal work for more than three days or if they are hospitalized overnight. The worker receives payments every two weeks.

Injured workers are able to receive medical treatment immediately. The claims administrator decides whether or not to accept the claim for medical treatment.

I haven’t started receiving my TD benefits

The worker should speak to their employer or to the claims administrator working on their claim.