Incidents or illnesses can occur at any time, which is why knowing what the benefits for temporary disability are is very important. According to United States law, you can continue receiving payments if you were to be injured in such a way that you cannot continue with your work activities. The benefits you can have in these cases are two: the first scenario is that injury that does not allow you to continue working at all while you recover, in this case you can receive the benefits for total temporary disability; the second scenario is when the injury obstructs your ability to work your full schedule while you are in recovery, in that case you can receive the payments of partial temporary disability.If you consider it necessary, you should contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or writing to us through WhatsApp so that we can provide you with the best legal advice about your labor rights, and in this way we can help you obtain the highest possible compensation with a professional accident attorney.
What is the amount you can receive for work disability in California?
According to the laws, if you have temporary disability you can receive up to two-thirds of your gross salary. That is, the salary you receive before deductions and taxes; you must take into account that you cannot receive an amount greater than that established by law. These payments must be made during the time you are recovering from your work injury.The percentage of your salary during this work disability is calculated by taking into account all your income such as salary, meals, commissions, lodging, tips, bonuses and overtime worked; they can even include other jobs that were performed during the time you suffered the injury.
To make this benefit effective, you must provide the claims administrators with all the evidence they require; they are responsible for taking into account all income and calculating the disability benefit you will receive. Take into account the table that is used to calculate the minimum and maximum rates. Doctors are the ones who determine temporary disability, this happens when after a medical evaluation it is determined that you will not be able to perform your work activities for more than 3 days. In extended periods of disability, payments must be made every 2 weeks. Sometimes, you or the claims administrator may disagree with what the doctor indicates; in these cases you can be evaluated by a Qualified Medical Evaluator (QME). These specialists are doctors with continuing education in the evaluation processes for workers' compensation, so their evaluation is fundamental.
If you have an attorney, they can agree with your claims administrator on the selection of a doctor and thus avoid a medical dispute, this doctor is known as an Agreed Medical Evaluator (AME).
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When the disability ends, the person returns to work or when a doctor allows it, indicating that the injuries are no longer an obstacle to continue with their work life normally. These are the states that provide temporary disability benefits in case of accidents:
- California
- Hawaii
- New Jersey
- New York
- Rhode Island
- Puerto Rico
Also read How Can I Contact Attorneys for Work Injuries?If you want to obtain your temporary disability benefits or have questions about this topic, the best thing you can do is have a professional accident attorney, this way you will ensure that your labor rights are respected. Contact Conexión Legal with any questions and receive a free legal consultation. Follow the steps in the following form to schedule your free consultation appointment.
