California Workers’ Compensation Straight Talk
This article is one in a series of Workers’ Compensation Lawyer Straight Talk articles. These articles are based upon 25 years of representing seriously injured workers. If you Google “Workers’ Compensation Attorney Straight Talk” or “Workers’ Compensation Lawyer Straight Talk,” you will find a whole host of articles where we provide you with great free and useful information so you can understand and win your work injury case.
Temporary Total Disability
California Temporary Total Disability benefits are paid to injured workers who are temporarily unable to work due to a workplace injury. In other words, if you miss time from work, you are usually entitled to receive a wage loss benefit – which is called temporary disability. Or TTD benefits.
California TTD benefits are paid at two thirds of your average weekly wage up the maximum compensation rate. The California maximum Total Temporary Disability (TTD) benefits are $1010.50 per week (tax free) in 2012. The minimum TTD rate in 2012 is $151.57 per week.
Under California law – you are only entitled to receive TTD benefits for two years. Which means California workers that are the most seriously injured – — are penalized under California workers’ compensation laws. Seriously injured workers or catastrophically injured workers routinely take more than two years to recover. Which makes no sense – but California penalizes the most seriously injured workers.
California TTD payments are not made for the first three days you are disabled unless you are hospitalized or unless you are unable to work for more than fourteen days.
Once your doctor releases you to return to work or declares your condition to be stable, the temporary disability benefit end. This is why company doctors send you back to work before you are medically able to do so – because it saves the California workers’ compensation insurance company money. This is another way that a company doctor can and will – take food off your family’s table.
Don’t Take Legal Advice From The Insurance Adjuster
Know this: once you are seriously injured, you are at war with the California workers’ compensation insurance company. Never, ever take legal advice from the insurance adjuster. The workers’ comp insurance adjuster will oftentimes try and be friendly with you. Don’t buy it. They are trained to try and get you to trust them. And they are paid to keep you from getting the workers’ compensation benefits you deserve under California law. You should be polite to the adjuster. Never be rude to the adjuster. Remember, everything you say can and will be used against you in a court of law.