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Understanding Temporary vs. Permanent Disability in California Workers’ Compensation Law

When you’re injured on the job in California, navigating the Workers’ Compensation system can be overwhelming. One of the most confusing aspects is the distinction between temporary and permanent disability benefits. As a Folsom worker, it’s crucial to understand these terms to ensure you receive all the benefits you’re entitled to.

Temporary Disability Benefits

Temporary disability (TD) benefits are payments to help you recover lost wages while you’re temporarily out of work because of your work injury. Think of it as a bridge, providing financial support until you can return to your job or until your condition has stabilized.

Key things to know about TD benefits:

  • Payment Amount: TD payments are typically two-thirds of your average weekly wage at the time of your injury, subject to a minimum and maximum amount set by the state.
  • When They Start and Stop: Payments generally begin within a few days of your employer receiving a medical report saying you can’t work. They continue until one of two things happens: you return to work, or your doctor determines your condition has reached Maximum Medical Improvement (MMI). MMI is a term for when your medical condition has stabilized and is not expected to improve with further medical treatment.
  • Duration: There’s a limit to how long you can receive TD benefits. For most injuries, you can receive up to 104 weeks of benefits within a five-year period from the date of your injury.

Permanent Disability Benefits

Permanent disability (PD) benefits are payments you may receive if your work injury has caused a permanent impairment or limitation that prevents you from performing your job as you could before the injury. Unlike TD, which covers lost wages during recovery, PD benefits compensate you for the lasting effects of your injury.

Key things to know about PD benefits:

  • When They Start: PD benefits are calculated and paid after your treating physician has declared your condition to be at MMI. The doctor will write a Permanent and Stationary (P&S) report, which is another term for MMI. This report assesses your permanent limitations and assigns a Whole Person Impairment (WPI) rating.
  • The PD Rating: Your PD rating is a percentage that reflects the severity of your permanent impairment. This rating is based on the doctor’s report and other factors, such as your age, occupation, and how your injury affects your ability to compete in the open labor market. A higher rating means a more significant impairment and a larger benefit.
  • How They Are Paid: PD payments are often paid in weekly installments after your TD benefits have ended. The total amount you receive is based on your PD rating.

Getting Help With Your Claim

If you’ve been injured on the job in Folsom, don’t try to navigate your claim alone. An experienced Workers’ Compensation lawyer can help you:

  • Ensure you receive all your entitled benefits, both temporary and permanent.
  • Challenge an unfair medical report or PD rating.
  • Negotiate a fair settlement.

Speak With a Folsom Workers’ Compensation Lawyer at Walters & Zinn, Attorneys at Law to Learn More

Contact a Folsom Workers’ Compensation lawyer at Walters & Zinn, Attorneys at Law today for a free consultation. We’ll help you understand your rights and fight for the benefits you deserve. Call 916-610-4706 or complete our online form. Located in Folsom and Fairfield, California, we serve clients in the surrounding areas.