Our attorneys have been assisting the Orange County and Southern California communities for over 40 years.
The workers’ compensation injury lawyers at DiMarco | Araujo | Montevideo in California know how confusing the workers’ compensation system can be to someone who has never needed it before. Since 1979, our Orange County law firm has helped thousands of injured workers like you understand and claim the benefits they deserve.
We are an experienced law firm that has helped thousands of injured employees with their workers’ compensation claims, third-party cases, and personal injury cases in Orange County.
Keep reading to learn all about temporary disability (TD) benefits in California and how we can help if you run into issues.
Call us now at (714) 783-2205 or message us online for a free consultation.
Temporary disability benefits are payments for lost wages when your work injury prevents you from doing your regular job. There are two types:
In California, you’ll likely receive two-thirds (2/3) of your pre-tax wages during recovery. This includes wages, overtime, tips, bonuses, lodging, food, and commissions.
Even if you earn less than $378.05 per week, you’ll still be entitled to the minimum rate of $252.03, assuming your claim is accepted.
Start gathering proof of all earnings now to share with the claims administrator.
Your TD payments should begin when:
Payments usually stop when:
If your injury causes lasting limitations or impairments, you may qualify for Permanent Disability (PD) benefits after your Temporary Disability ends. These benefits are meant to compensate you for the long-term effects of a serious injury. We can help you understand how PD works and what you may be entitled to receive.
There’s also a limit on the number of weeks you can receive TD. This limit may change, so contact us for the current rules.
If your benefits end unexpectedly, don’t wait—call your claims administrator or employer right away. You can also speak to a DWC Information & Assistance Officer or contact our firm for help.
Yes. You can file a State Disability Insurance (SDI) claim through the Employment Development Department (EDD), even if your workers’ comp claim is accepted. This is useful if your TD benefits end but you’re still unable to work.
Claims administrators are allowed up to 90 days to investigate your claim. If they delay your payment, they must send you a written explanation stating:
If they do not deny your claim within 90 days of your filing, the claim is typically considered accepted.
You may. If the claims administrator sends a TD payment late, even with a reasonable excuse, they owe you an extra 10% on top of the late payment. If there’s no valid excuse, you may be entitled to an even larger penalty.
There’s no penalty if a delay letter was properly sent in advance.
We know this process can be complicated and stressful. Let us guide you. Your first consultation is completely free, and you pay nothing unless we win your case.
Our team of skilled work injury attorneys is available Monday through Friday, 8:30 AM to 5:30 PM, and evenings or weekends by appointment. We’re happy to meet at our office, your home, or hospital room.
Call DiMarco | Araujo | Montevideo at (714) 783-2205 to get started with a free consultation.