Q: What is Temporary Disability?

A: Temporary Disability is a non-taxable benefit paid to replace your wages while you are temporarily disabled due to a work-related injury or illness. If you are still working but have reduced hours or wages, you may be entitled to Temporary Partial Disability.

Q: How is Temporary Disability calculated?

A: Temporary Disability is based on two-thirds of you average weekly wages at the time of injury and is subject to maximum and minimum rates. The average weekly wage is based on all forms of the employee’s income, including but not limited to your wages, food, lodging, tips, commissions, overtime, and bonuses.

Q: When does Temporary Disability start and stop?

A: Temporary disability is not payable for the first three days of disability unless you are hospitalized or you are disabled for more than 14 days. Once your claim has been accepted, payments should begin within 14 days and continue to be paid every fourteen days until you are released to return to work or until thetreating doctor reports that your condition has reached a maximum improvement status.

Q: What other benefits are due during Temporary Disability?

A: You are entitled to reasonable medical treatment necessary to cure or relieve your work related injury or illness subject to statutory limitations. You will receive millage reimbursement for trips to and from the doctor’s office, pharmacy and physical therapy.

Q: How long will it take to settle my case?

A:We will gather evidence as you complete treatment. Some cases will take longer than others and this will depend on the complexity of the case and injuries. Rarely is a case resolved in less than two years.

Q: Should I try to stay out of work longer, so as to increase the value of my case?

A: Absolutely Not! Since you will not receive your entire wages while you are out, it is always best to return to work as soon as possible. However, you should never return to work against your doctor’s advice, or before you are physically or emotionally able to do so.

Q: Should I try to return to modified work?

A: Yes, if you feel that you are able and with the knowledge and permission of your physician. Under no circumstances should you jeopardize your health.

Q: What do I do if the insurance company refuses to pay Temporary Disability?

A:It can take up to 90 days for an insurance company to make a decision about your benefits. If the insurance agency refuses to pay Temporary Disability, you may be able to obtain money from one of these agencies. Contact them to see if you are eligible.

  1. Employment Development Department(Forms are provided at doctor’s offices)
    Los Angeles office phone number: 1-800-480-3287
  2. Social Security Agency
    Phone Number: 1-800-772-1213
  3. Social Security Administration (If you are off work for more than six months)
    Phone Number: 1-800-722-1213