Temporary disability is paid at two-thirds of your salary up to a maximum of $916.00 per week as of 2008 with cost of living adjustments. Please again note that the temporary disability rate is two-thirds of your salary up to the stated maximum. Unfortunately, the injured worker does not get the maximum simply because he or she is disabled. The determining factors include the injured worker’s average weekly wage and date of injury.
Temporary disability is paid until the injured worker either reaches a “permanent and stationary” (P&S) status or the worker returns to work. However, except in rare instances, temporary disability cannot be paid for more than 104 weeks for any injury after April 19, 2004. Permanent and stationary is defined in workers’ compensation law as the point of maximum medical improvement, when the worker is expected neither to get better nor worse. Permanent and stationary status is often a point of serious dispute in workers’ compensation cases and workers’ compensation insurance carriers typically like to have this “moment” occur rather quickly. This is because temporary payments are the highest payments within the workers’ compensation system, and when temporary disability ends, payments are reduced. Temporary disability can also end if the worker is released to return to work. Again, temporary disability payments are usually limited to two years total for each date of injury after April 19, 2004.
The 104 week time limitation is most unfair in my opinion, but this limitation is a result of Governor Schwarzenegger’s workers’ compensation “reforms” which in most cases have resulted in workers receiving reduced benefits.
Once permanent and stationary status is established or the worker is released to return to work, the insurance carrier will cut off the temporary disability and commence permanent disability advances which are far lower than temporary disability payments.
The Sacramento Workers’ Compensation Attorneys at Bowman and Associates serve clients across Northern California. If you or someone you know have questions about Temporary Disability in regards to your Workers’ Comp case, contact an experienced lawyer in Sacramento today for your free initial consultation.
