Friday, December 19, 2014

Workers’ Compensation Temporary Disability Benefits: Partial Vs. Total Explained

Temporary Workers Compensation Disability Benefits?


In California, when an employee is injured in a work-related accident, the employee is eligible for medical and disability benefits. While receiving initial medical treatment, the employee is evaluated by a physician to determine whether the employee has suffered any temporary or permanent disabilities as a result of the injury. If it is determined that the employee has suffered a temporary or permanent disability, the disability will be further categorized as either partial or total.


Temporary Workers Compensation Disability Benefits

Temporary Workers Compensation Disability Benefits



Temporary Total Disability Benefits Explained


If an employee is expected to make a full recovery from a work-related injury, but will be completely unable to work for a period of time while recovering, then the employee has suffered a temporary total disability. The word “temporary” speaks to the fact that the employee will make a full recovery, while the word “total” speaks to the fact that, while recovering, the employee will not be able to perform any job duties. While the employed is temporarily totally disabled, the employer must pay the employee disability benefits to replace the income the employee has been rendered unable to earn as a result of the work-related injury. These disability benefits are not equivalent to salary; they are typically limited to 2/3rds the employee’s salary for the period of temporary total disability. An example of a temporary total disability is a broken arm suffered by an employee whose job is to pull electrical cable. Without two functioning arms, the employee is completely unable to work until the arm heals.


Temporary Partial Disability Benefits Explained


If an employee is expected to make a full recovery from a work-related injury, but will be unable to work some days or perform some job duties for a period of time while recovering, then the employee has suffered a temporary partial disability. The word “temporary” speaks to the fact that the employee will make a full recovery, while the word “partial” speaks to the fact that, while recovering, the employee will be unable to perform some job duties or will be unable to work every day due to doctor’s orders or rehabilitation treatment. While the employee is partially totally disabled, the employer must pay the employee disability benefits to replace income the employee has been rendered partially unable to earn as a result of the work-related injury. These disability benefits are not equivalent to salary; they are typically limited to a portion of the salary the employee is unable to earn during the period of temporary partial disability. An example of a temporary partial disability is lower back pain suffered by an employee whose job is to lift objects. For a period of time, the employee may be advised by a doctor to only pick up light objects.


What To Do If You Have Been Injured On The Job In California


If you have been injured while working in California, contact an experienced California workers’ compensation attorney. The workers’ compensation system, which has been in place for roughly a century and has many nuances, can be complex to navigate. A skilled attorney will discuss the specifics of your work-related injury with you, explain your legal rights, and work to get the maximum compensation you are entitled to for present and future medical treatment, and any temporary or permanent disabilities you have suffered.


The post Workers’ Compensation Temporary Disability Benefits: Partial Vs. Total Explained appeared first on Riverside County Injury Attorney.






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