Work injuries and illnesses remain a serious safety concern. According to data from the State of California Department of Industrial Relations (DIR), 645,409 first-reports-of-injury (FROIs) were filed in the state in 2020 alone. Employees in California are protected by workers’ compensation insurance coverage. If you are forced to miss time at work due to a job-related injury/illness, you can file for temporary total disability (TTD) benefits. In this article, our Fresno workers’ comp lawyer provides answers to five frequently asked questions (FAQS) about temporary disability benefits in California.
- What are Temporary Disability Benefits?
Temporary disability benefits are effectively wage replacement benefits. When you file a workers’ comp claim in California, you will receive coverage for all reasonable and necessary medical treatment. If you are forced to miss time at work to recover from your injuries, you will always receive compensation for temporary disability.
- What are the Two Types of Temporary Disability Benefits?
There are two types of temporary disability benefits in California:
- Temporary Total Disability Benefits (TTD Benefits): Temporary total disability benefits are for workers who cannot work at all while they recover from their injuries, illness, or impairment.
- Temporary Partial Disability Benefits (TPD Benefits): Temporary partial disability benefits are for workers who need to take a reduced schedule or a lower-paying light duty position. These benefits help to fill the gap in wages lost.
- How Much Compensation Will I Get in Temporary Disability Benefits?
It depends primarily on your income before your job-related injury or occupational diseases. In California, temporary total disability benefits are calculated at two-thirds of an applicant’s average weekly wage before the injury. There are minimum and maximum statutory benefits. A high-wage worker may not actually get two-thirds of their pre-injury earnings. Likewise, a low-wage worker may actually get more than two-thirds of their pre-injury earnings.
- When Will My Temporary Disability Benefits Stop?
Your temporary disability benefits will stop when you return to work. These benefits are meant as a form of wage replacement. However, there is a maximum duration of benefits. In general, temporary disability benefits are limited to 104 weeks (two years) in California.
- Do I Have to Pay Taxes On My Temporary Disability Workers’ Comp Benefits?
No. Temporary disability benefits are not taxable income in the State of California. You do not have to pay state or federal taxes on TTD benefits or TPD benefits. These disability benefits are a form of tax-free compensation for injured workers.
Call Our Fresno Workers’ Compensation Attorney Today
Joseph C. Yrulegui is an experienced, effective work injury lawyer. With the skills and experience to represent plaintiffs, Attorney Yrulegui is committed to protecting the rights and interests of clients. If you have any questions about temporary disability benefits, we are here as your legal resource. Contact us now to set up a strictly private workers’ compensation consultation. Our team represents workers throughout Fresno County, including in Fresno, Clovis, Reedley, Sanger, and Firebaugh.