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Temporary vs. Permanent Disability Benefits in California: What You Need to Know

  • Published: May 2, 2024

When an employee cannot work due to a work-related injury, they must rely on workers’ compensation benefits. These benefits allow injured employees to support themselves and their families, and there are two different types of workers’ compensation benefits. A person qualifies for temporary disability benefits if they cannot perform the same job while recovering from a work-related injury. On the other hand, a person may qualify for permanent disability benefits if their injury results in a lasting disability that permanently affects their earning capacity. Within each category of disability, a person may qualify for either total or partial disability benefits.

If you or a loved one suffered a work-related injury, you may qualify for workers’ compensation. You can consult with a team of skilled workers’ compensation lawyers who can help you determine which type of benefits you are eligible to receive. At KCNS Law Group, we understand how hard it can be to recover from a serious injury. Our workers’ compensation attorneys want you to recover the benefits you deserve.

Who Qualifies for Temporary Disability Benefits?

Workplace injuries should be taken seriously. If you have been injured on the job, you should seek medical attention right away to identify any underlying trauma to your body. Some injuries do not produce symptoms right away; however, a medical professional may be able to identify and treat your injury, thus prompting a quicker recovery. Most injuries will entail a recovery process of some length. 

Depending on the nature of the injury and the employee’s job, an injured employee may not be able to return to work while they recover. Temporary disability benefits are available to those employees who cannot perform the same job while recovering from a work-related injury. Temporary disability benefits are typically two-thirds of the employee’s average weekly wage prior to the accident.

A victim may qualify for either temporary total disability benefits or temporary partial disability benefits. Temporary total disability benefits are paid to victims who cannot work at all during the recovery process. This means that the victim cannot even perform a modified version of their job as they recover. On the other hand, temporary partial disability benefits are paid to victims who can work some during the recovery process, but their injuries prevent them from earning as much as they did prior to the injury.

Who Qualifies for Permanent Disability Benefits?

While some victims of workplace injuries can eventually work again, others experience permanent disabilities due to their injuries. Permanent disability benefits are paid to victims whose injuries result in lasting disabilities that permanently affect their earning capacities. Essentially, a doctor will evaluate the victim and give them a permanent disability rating after the victim has reached maximum medical improvement or their condition is permanent and stable. The permanent disability rating is based on the victim’s level of impairment going forward, and this rating is then used to calculate the amount of benefits the victim will receive. 

A victim may qualify for permanent total disability benefits or permanent partial disability benefits. Permanent total disability benefits are paid to victims who are deemed permanently incapable of earning a living due to their workplace injury, and victims usually receive these benefits until retirement age. On the other hand, permanent partial disability benefits are available when a workplace injury permanently limits the type of work that a victim can perform, thus impacting their earning capacity.

KCNS Law Group Has Experienced Workers’ Compensation Attorneys Who Can Discuss Your Eligibility for Temporary or Permanent Disability Benefits Today

Victims of workplace injuries often cannot work and suffer lost wages as a result. Additionally, the recovery process usually consists of extremely high medical bills. Some people return to work after making a full or partial recovery, but others may be permanently unable to earn a living because of their disabilities. California’s workers’ compensation program provides monetary benefits to those workers who suffer injuries on the job, and those benefits consist of temporary disability benefits and permanent disability benefits. If you have been injured at work, you should speak with our team of workers’ compensation attorneys to discuss your eligibility for benefits.

At KCNS Law Group, our dedicated workers’ compensation attorneys want to help you in your time of need. We understand that victims depend on receiving workers’ compensation benefits to survive. You can schedule a free consultation with us today by calling (818) 937-9255 or by filling out our contact form.

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