Temporary Disability Benefits

When an injury claim has been accepted, an injured worker is entitled to total temporary disability benefits paid from the carrier.

Labor Code Section 4650(a) provides that if an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the injury and disability, on which date all indemnity then due shall be paid, unless liability for the injury is earlier denied.

Timing of Benefits: Waiting period of 3 days

Labor Code Section 4652 provides that except as otherwise provided by Section 4650.5, no temporary
disability indemnity is recoverable for the disability suffered during the first three days after the employee leaves work as a result of the injury unless temporary  disability continues for more than 14 days or the employee is hospitalized as an inpatient for treatment required by the injury, in either of which cases temporary disability indemnity shall be payable from the date of disability. For purposes of calculating the waiting period, the day of the injury shall be included unless the employee was paid full wages for that day.  The exception of Labor Code Section 4650.5 is in the case of state civil service employees, employees of the Regents of the University of California, and employees of the Board of Trustees of the California State University, the disability payment shall be made from the first day the injured employee leaves work as a result of the injury, if the injury is the result of a criminal act of violence against the employee.
 

Denied Claim: Need to Get Benefits Elsewhere or File for Court

IWhen an injury claim is not accepted, no total temporary disability benefits will be paid.  Iff an injury claim is not accepted, an injured worker should apply for E.D.D. benefits.  If the employer has not contributed to E.D.D., there may be a private policy that administers these benefits.  The worker is encouraged to contact  their Human Resources Department for that information.

Otherwise, if there are no benefits available for that worker, the worker should consider filing for a hearing before the Workers' Compensation Appeals Board (W.C.A.B.).  A Workers' Compensation Administrative Law Judge has the power to find the injury industrial-arising out of and in the course and scope of employment- and award total temporary disability benefits despite the fact that the carrier disputes the injury is work related.  When one files for a hearing before the W.C.A.B., a worker must be sure that they have evidence to prove the work-relatedness of the injury and the documentation showing that they are totally temporarily disabled.

Temporary Disability Benefits are Limited

Labor Code Section 4656(a) provides aggregate disability payments for a single injury occurring prior to January 1, 1979, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury.  (b) Aggregate disability payments for a single injury occurring on or after January 1, 1979, and prior to the effective date of subdivision (c), causing temporary partial disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury.   (c) (1) Aggregate disability payments for a single injury occurring on or after the effective date of this subdivision, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment. (2) Notwithstanding paragraph (1), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after the effective date of this subdivision, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury: (A) Acute and chronic hepatitis B. (B) Acute and chronic hepatitis C. (C) Amputations.   (D) Severe burns. (E) Human immunodeficiency virus (HIV). (F) High-velocity eye injuries.(G) Chemical burns to the eyes. (H) Pulmonary fibrosis. (I) Chronic lung disease.