Temporary disability benefits are provided to employees who suffer from a work-related injury or illness that temporarily prevents them from performing their regular job duties. These benefits are intended to compensate for lost wages during the recovery period.
The benefit amount is generally two-thirds of the injured worker’s average weekly wage, subject to a maximum limit set by the state. The average weekly wage is calculated based on the earnings during the period before the injury.
Temporary disability benefits are typically paid until the worker reaches maximum medical improvement (MMI), which means their condition is stable and further medical treatment is not expected to result in significant improvement.
There is a waiting period before benefits begin. This means that the injured worker will not receive compensation for the first three days of disability unless they are disabled for more than 14 days.
Temporary disability benefits may also be subject to time limits, depending on the specific circumstances of the case.
Permanent disability benefits are provided to workers who suffer from a lasting impairment or disability due to a work-related injury or illness. These benefits are designed to compensate for the long-term impact on the worker’s ability to earn a living.
The benefit amount for permanent disability is calculated based on the impairment rating assigned by a qualified medical evaluator (QME) or an agreed medical evaluator (AME). The rating is then used to determine the percentage of disability, which affects the benefit amount.
The duration of permanent disability benefits varies based on the severity of the disability and other factors. In some cases, they may be paid in a lump sum, while in others, they may be spread over an extended period.
California law takes into account the injured worker’s age, occupation, and future earning capacity when determining the permanent disability benefit amount.
It’s important to note that navigating the workers’ compensation system can be complex, and individual cases may vary significantly. If you or someone you know is dealing with a work-related injury or illness, it’s advisable to consult with an experienced Sacramento workers’ compensation attorney to understand the specific benefits and rights applicable to your situation. Additionally, contacting the California Division of Workers’ Compensation or your employer’s workers’ compensation insurance carrier can provide you with more detailed and up-to-date information.
Have you suffered a serious work injury? Contact a Sacramento workers’ compensation attorney at the Mehlhop & Vogt Law Offices for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.
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