You are entitled to temporary disability benefits if you are unable to perform your job duties while recovering from a work-related injury or illness. A knowledgeable Bakersfield workers' compensation lawyer from our team can help you understand how to claim these benefits.
Benefit rates are established by law at a rate of two-thirds your average weekly earnings, up to a limit. You should receive the first payment no later than 14 days after your employer is made aware of your temporary disability status. Additional payments are sent every two weeks. These benefits are non-taxable.
The law now places a 104 week cap on temporary disability benefits within the five year period from the date of injury. There are a few exceptions to this rule in the rare circumstances that you have one of a few specified injuries, such as an amputation or a severe burn. In those cases, temporary disability benefits will be limited to a total of 240 weeks, and even then are only payable within the first five years after the date of injury. For more information, contact one of our experienced Bakersfield workers' compensation attorneys, and see the “DWC Temporary Disability Fact Sheet.”
Our attorneys have over 130 years of combined experience. They have seen first-hand the ways employers and insurance companies try to prevent you from receiving the benefits you deserve. Workers' compensation is a difficult area of law to navigate and you should always hire an attorney to help you understand what you are entitled to receive.