Temporary Disability

If a work injury keeps you off the job while you recover, temporary disability benefits are meant to replace part of the wages you lose. These payments bridge the gap between your injury and your return to work, but the amount you receive depends on how your wages are calculated, and insurers do not always get that calculation right. Understanding how temporary disability works is the best way to make sure your checks are accurate and on time.

What Temporary Disability Covers

Temporary disability, or TD, applies when a doctor says you cannot do your usual work for more than a few days because of a work-related injury or illness. There are two kinds. Temporary total disability applies when you cannot work at all while recovering. Temporary partial disability applies when you can work in a reduced capacity but earn less than you did before the injury.

In California, TD payments are generally two-thirds of your average weekly wage, subject to a state minimum and maximum that change each year. The payments are not taxable, and once they begin they must be paid every two weeks. For most injuries, TD is limited to 104 weeks within a five-year period, though certain severe injuries can qualify for longer.

How Insurers Underpay TD

Where injured workers lose money is in the details. Insurers often calculate your average weekly wage using only your base pay, leaving out overtime, tips, bonuses, or a second job, which lowers your check. Payments are frequently late, and a first payment delayed past the legal deadline can entitle you to a penalty.

Common TD disputes include:

  • Average weekly wage calculated too low
  • Payments started late or stopped early
  • TD cut off after a light-duty offer you could not actually perform
  • Benefits denied or delayed while the insurer investigates the claim

Get Your TD Reviewed

California workers’ compensation attorneys work on a contingency basis, so you pay nothing upfront and only if you recover. If your TD checks are wrong, late, or missing, have an attorney review them.

 

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