Let’s say you’re injured on the job – what do you do as far as receiving compensation? In California (and a bunch of other states such as Hawaii, New Jersey, New York, and Rhode Island), it is a requirement for an employer to carry something known as Temporary Disability Insurance (TDI). There are two types of insurances required; Short-term Disability Insurance (SDI) and TDI.
What Are Temporary Disability Benefits?
If your injury prevents you from completing the job tasks that you are used to performing while you recover, then you may be eligible for Temporary Disability (TD) benefits. You receive TD benefits if you end up losing wages. This is due to the fact that your treating doctor says you are unable to do your regular job for more than three days or you must be hospitalized, or your employer does not offer you other work that pays your usual wages while you go through the recovery process. There are Temporary Total Disability (TTD) payments and there are Temporary Partial Disability (TPD) payments.
What Payments Will I Receive on Temporary Total Disability?
Temporary Total Disability (TTD) payments are usually two-thirds of the wages you were earning before you were injured. There are also limits; for instance, you are not permitted to receive more than a maximum weekly amount set by law. On the other hand, you cannot receive less than a minimum weekly amount set by law as well.
What Payments Will I Receive on Temporary Partial Disability?
Your employer may do one of two things: He or she may recommend a different job that you can do safely while you recover, or they may hand you a reduced work schedule instead. Let’s consider that you don’t earn as much as you did before your injury took place – then you may be eligible for TPD benefits. These can be up to two-thirds of your lost wages.
When Do My Benefits For Temporary Disability Begin?
Let’s say, now, that your injury is covered by workers’ compensation. Then, your first TD payment is due within 14 days after your employer leans that you have a job injury or illness, or your treating doctor says that your injury will prevent you from doing your job. From here on out, TD benefits must be paid to you every two weeks, for as long as you are eligible for the benefits. If you don’t receive these payments on time, it may be because there is a delay. Your claims administrator must send you a delay letter that states you why you won’t receive payments right away, what information is needed from you, and when a decision will be made to continue.
How Do You File a Form For These Benefits?
If you believe that you are eligible, you should file Form DE 2501, which is the Claim for Disability Insurance Benefits. You can request that the form be mailed to you from the website: http://www.edd.ca.gov/Forms/. You have 49 days from the time you became disabled to file a claimand get the benefits you deserve.
If you have become injured on-the-job and you feel like your employer is responsible for your injuries, you may apply for the insurance program that will offer you benefits. Temporary Disability Benefits can be helpful to get you back on your feet. If you believe you need law help and guidance, you should contact Welebir Law. Schedule a consultation today to discuss your case!