Temporary Disability Benefits

Sacramento Work Injury Attorney

Temporary Disability Benefits

Temporary disability (TD) benefits are payments you get if you lose wages because your injury prevents you from doing your usual job while recovering. See the DWC fact sheet on TD for more information.

Are there different types of TD benefits?
There are two types of TD benefits. If you cannot work at all while recovering, you receive temporary total disability (TTD) benefits. If you can’t work your full schedule while recovering, you receive temporary partial disability benefit (TPD) payments.
How much will I receive in TD payments?
As a general rule, TD pays two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. However, you cannot receive more than the maximum weekly amount set by law. Your wages are figured out by using all forms of income you receive from work: wages, food, lodging, tips, commissions, overtime and bonuses. Wages can also include earnings from work you did at other jobs at the time you were injured. Give proof of these earnings to the claims administrator. The claims administrator will consider all forms of income when calculating your TD benefits. Please see the benefits chart for current benefit rates.

The minimum and maximum rates are adjusted annually.

What about TTD payments for low-wage workers?
Any employee with earnings is entitled to TTD benefits. TTD payments will be paid at two-thirds the injured worker’s wages at time of injury. There are minimum and maximum rates for these benefits. Please consult the benefits chart for current rates.

The minimum TTD will continue to be re-calculated each Jan. 1 based on changes to the statewide average weekly wage (SAWW).

When does TD start and stop?
Any employee with earnings is entitled to TTD benefits. TTD payments will be paid at two-thirds the injured worker’s wages at time of injury. There are minimum and maximum rates for these benefits. Please consult the benefits chart for current rates.

The minimum TTD will continue to be re-calculated each Jan. 1 based on changes to the statewide average weekly wage (SAWW).

Are TD benefits taxable?
No. You don’t pay federal, state or local income tax on TD benefits. Also you don’t pay Social Security, taxes, union dues or retirement fund contributions.
Can my first temporary disability payment be delayed?
Sometimes. If the claims administrator can’t determine whether your injury is covered by workers’ compensation, he or she may delay your first TD payment while investigating. A delay is usually not longer than 90 days. If there is a delay, the claims administrator must send you a delay letter. It must explain why you won’t receive payments, what additional information the claim administrator needs and when a decision will be made. If there are further delays, the claims administrator must send you additional delay letters.

If the claims administrator doesn’t send you a letter denying your claim within 90 days after you filed the claim form, your claim is considered accepted in most cases.

Is the claims administrator required to pay a penalty for delays in temporary disability payments?
It depends. If you had filed the workers’ compensation claim form at least 14 days before the payment was due and the claims administrator sends a payment late, he or she must pay you an additional 10 percent of the payment on a self-assessed basis.
Why am I receiving so many letters?
The claims administrator must keep you up to date by sending letters that explain how payments were determined, why TD will be delayed, reasons for changing TD payment amounts and why the TD benefits are ending.
Talk to your employer or claims administrator. If that doesn’t help, contact your local DWC I&A officer.

Find more information on TD in the factsheet.

Contact Sacramento Work Injury Attorney

Have you suffered a serious work injury? Contact workers’ compensation attorney at the Law Office of Roy Yang for FREE consultation about your California workers compensation claim benefits. Give us a call at (916) 269-9100 to speak with a Sacramento work injury attorney today.

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