Temporary disability can be compensated for in case of a personal injury accident. This short-term inability to work is one of the elements that are analyzed and included in the final settlement amount. The State of California imposes a law for short-term disability insurance meaning that employers must ensure that their employees get short-term disability insurance. You may be asked to get a mandatory insurance plan for these types of injuries or you could pay for it together with the employer.
If you are hurt in a vehicle accident, slip and fall or in another incident like a pedestrian accident you are entitled to claim compensation for short-disability according to your injuries. One of our Los Angeles personal injury attorneys is able to help you negotiate with the employer and/or the insurance company in order to obtain the needed settlement.
Compensations for temporary disability
Short-term disability insurance provides coverage whenever the employee is unable to work like in the case of pregnancy, illness or personal injury. When individuals are hurt while on the job the case will be compensated with a worker’s compensation plan.
Employees who are hurt while on the job can benefit from temporary disability benefits (TD). These can be claimed both by individuals who cannot work at all during the recovery period and by those who can do some work. If the latter applies, then the employee will receive a partial temporary disability payment. The TD benefits have a minimum and a maximum value, which is generally calculated as a weekly amount. A good rule of thumb for these types of payments is that they usually represent two-thirds of the pre-tax wages that are lost during the recovery period. These benefits are not subject to state or federal taxes and no social security taxes.
Your employer should start the payment of these benefits within two weeks after he received the notice that you have been hurt on the job or that you suffer from a job-related illness. Likewise, your treating physician’s report on how your injury prevents you from doing your job can be considered the commencement date of your temporary disability payment. In general, these payments are received by the injured party every two weeks, until the treating physician considers that the injured party may return to his/her usual job. Other end dates for the TD payment may apply, as agreed upon with the employer.
Temporary disability payments may be asked for as soon as you know that a job-related injury will influence your ability to perform your job. However, the first step after being involved in a personal injury accident is to get adequate medical aid.This will be very important later on when you will have to state the degree of the injury or injuries. Next, you can file a claim for short-term disability benefits. It is possible that your short-term disability policy imposes a minimum waiting period. You can find out if this is the case and talk to one of our Los Angeles personal injury lawyers to find out how you can collect your benefits within the legal limits imposed by the policy and your employer and according to the particularities of your case.
The following video is a summary of the compensations for temporary disability after a personal injury:
Determining the degree of disability
The degree of disability is determined with the help of a doctor. He or she will take the necessary tests and treat you for your injuries. A physician will also be able to tell you if the accident, a neck or back injury, for example, will have any future repercussions of if the degree of impact is much larger than expected, for example, if yourspinal cord can be affected by a severe back injury.
The rate of the disability compensation will be calculated as a percentage. Individuals who are evaluated at a 100% rate are not able to return to work during the recovery period and will receive the benefits at a total rate.