If you have been injured in a work-related accident, you could be entitled to temporary disability payments. These benefits are designed to lessen the financial blow received while recovering from an injury on the job, or provide you with a temporary source of income while your exact condition is evaluated by medical professionals.
There are two types of temporary disability payments. Temporary Partial Disability Benefits compensate you appropriately for the inability to perform some of your job's essential duties while you are recovering. Temporary Total Disability Benefits compensate you appropriately for the inability to perform any of your job's essential duties at all while you are recovering.
Your condition based on the evaluation and opinion of a doctor or medical examiner will determine what type of benefits you receive and how long you receive them for. Once you are cleared to return to work in full capacity, your temporary disability benefits will end. If your injuries are severe and your condition is not expeted to improve, you are entitled to receive permanent disability benefits.
If you receive workers' compensation wage replacement benefits, you are entiteld to receive income replacement equal to that which you would have received if you were not injured, up to a legally mandated maximum of $1,074.64 per week.
If your employer’s insurance company disagrees with your doctor’s medical evaluation, they can ask for a second qualified medical evaluator to provide their opinion. Often times this evaluator is one of their choosing, and may not provide an accurate or adequate evaluation of your condition or ability to perform your job's essential functions. With knowledgable legal representation on your side, you can be seen by an agreed upon medical examiner instead, and can even face any supplemental legal proceedings with confidence, including a hearing before the California Workers’ Compensation Board.
At Berry, Smith & Bartell, a Professional Law Corporation, our experienced Santa Maria worker's compensation attorney can put the law on your side and get you the full extent of the benfits you are legally entitled to by your condition. With over 130 years of combined legal experience, we are proud to offer the strong legal counsel you need.