Temporary Disability

DuRard, McKenna & Borg, located in San Mateo, California, provides legal representation in workers’ compensation cases to injured workers throughout the San Francisco Bay Area.  We fight to ensure injured workers receive all the workers’ compensation benefits to which they are entitled, including temporary disability benefits.

Types of Temporary Disability Benefits

Temporary disability benefits are paid to help compensate you for lost wages if you are unable to perform your customary and regular job duties while you are recovering from your workplace injury or illness.  There are two types of temporary disability benefits:

• Total Temporary Disability: If you are unable to work at all while you recover from your workplace injury or illness, you are entitled to receive total temporary disability benefits while you are recovering.
• Partial Temporary Disability:  If you are able to work while you are recovering from your workplace injury or illness, but are unable to perform all of your job duties or job functions, you are entitled to receive partial temporary disability benefits while you are recovering to make up for some loss in wages.

Amount and Duration of Temporary Disability Benefits

Total temporary disability benefits will be paid to you in the amount of two-thirds of your pre-tax average weekly earnings, subject to the state-imposed weekly minimum and maximum, which are adjusted each year in accordance with the California’s State Average Weekly Wage.  Partial temporary disability benefits will be paid to you in the amount of two-thirds of your weekly loss in wages during the period of your disability, and are also subject to the same minimum and maximum amounts.

Both types of disability payments will be made every two weeks beginning on the fourth day your doctor says you are unable to perform your usual work or on the date you are hospitalized overnight.  For most injuries and illnesses, you will be entitled to receive benefits for up to 104 weeks; however, you may be able to receive State Disability Insurance from the California Employment Development Department if you are still unable to return to work at the end of the 104 weeks.  To learn more about obtaining State Disability Insurance benefits, please see our page on  related benefits.

Some police and firefighters are entitled to one year of full salary if they are injured on the job.  This one year of salary goes towards the maximum 104 weeks of temporary disability allowed following a work related injury.

Some employees may have sick leave or vacation pay they can use to supplement their temporary disability benefits.  Some employees may work at companies with a collective bargaining agreement or a personnel policy that provides for additional benefits during a work-related disability.  You should be certain to check with your union or your employer about other rights you may have in addition to those provided by the workers compensation system.

Contact Experienced Workers’ Compensation Lawyers

Understanding the workers’ compensation system can be difficult.  At DuRard, McKenna & Borg, we make sure you understand your rights and fight to see that you receive your benefits.  If you have been injured on the job or are suffering from a work-related illness, contact us today.  Our lawyers speak Spanish, Hindi, and Arabic.  We offer free initial consultations, as well as take cases on a contingency fee basis, meaning you pay no legal fees unless we successfully help you recover.  Call us today at (650) 425-3278.