Temporary disability – laws applicable

The applicable laws for temporary disability and benefits depend upon the state they are residing. Each has different laws. If the person is residing in California, California Laws applicable. State Administrate Manual provides under 2583.1, the temporary disability is a benefit payable if a job related injury or illness results inability to work fore more than 3 calendar days. The temporary disability is paid for the first three days.

The waiting period starts the first day following the date of injury. However the waiting period need not consist of consecutive days. The disabled state employees qualify for industrial disability leave under Sec.2583.11. The industrial disability leave may be paid in lieu of temporary disability. Besides Labor Code also provides that the injured worker is entitled to temporary disability benefits under the code of 4650 and 4652.

GENERAL CIRCUMSTANCES THAT THE EMPLOYEE ENTITLED BENEFITS

The Temporary disability should result for more than 3 calendar days, however not consecutive. Besides the temporary disability should result injury or illness and inability to work fore than 3 calendar days. The temporary disability shall be payable from the date of disability. It is linked with waiting period. The waiting period should be calculated the day of injury should also be includes.

BENEFITS AND ADMINISTRATION Temporary disability is paid for first three days. Under Section 2583.11 of State Administrative Manual industrial disability leave may be paid in lieu of temporary disability. The state employees of every state option to choose between industrial disability leave or temporary disability with their leave credits. The persons who qualified and choose temporary disability are allowed temporary disability payments and normal salary. However the maximum weekly temporary disability payment is $266 or average weekly wages. The respective state government is responsible to administer the state laws.

If any person injured or become ill due to the work, the employer has to provide worker’s compensation. For this purpose employer may choose workers compensation insurance programs.  The State of California has required all employers to provide Workers’ compensation insurance and it is become effective since 100 years. Before that period the worker had to sue the employer and employee has to prove the injury. Now it becomes simple. Worker’s compensation is different from state disability or any health insurance. Apart from Workers’ compensation is available. To get this benefit, the injured worker should intimate to the supervisor or call to 911.

Afterwards the Claim form (DWC-1) should get and submit/return to the employer. The workers’ compensation provides for medical treatment, temporary disability, and permanent disability. Under this workers’ compensation, the benefit depends upon doctor recommendation. The minimum rate $126 per week. But since 2006, the maximum and minimum and minimum rates will be adjusted by the State of California, which is based on cost of living fact. It should be note the benefit is not subject to any state or federal income taxes.

The temporary disability benefits can be pad up to two years from the date they begin. But in certain serious cases like lung disease, severe burns, the two-year limit may be extended to five years. The first temporary disability check will b due on the 14th day of lost time from work. Once the payments begun, the following payments will be issued every two weeks until doctor releases the worker to return to work.

REFERENCE:

http://sam.dgs.ca.gov/TOC/2500/2583.1.htm

http://www.workinjuryhelp.com/temporary2005.htm