Agricultural work is physically demanding and often comes with a high risk of injury. When a work-related injury occurs, it can significantly impact a worker’s ability to perform their job and earn an income. Temporary disability benefits are designed to provide financial support to injured workers during their recovery period. In this blog, we will explain what temporary disability benefits are, how they are calculated, and the process for obtaining them after a work-related injury, specifically for agricultural workers in the Santa Paula and Fillmore areas.
What Are Temporary Disability Benefits?
Temporary disability benefits are payments made to workers who are temporarily unable to perform their job duties due to a work-related injury or illness. These benefits are intended to replace a portion of the worker’s lost wages while they are recovering and unable to work.
There are two types of temporary disability benefits:
- Temporary Total Disability (TTD): If the injury completely prevents the worker from performing any work, they may be eligible for TTD benefits.
- Temporary Partial Disability (TPD): If the worker can perform some work but at a reduced capacity or lower wage, they may be eligible for TPD benefits to compensate for the difference in earnings.
How Are Temporary Disability Benefits Calculated?
In California, temporary disability benefits are generally calculated based on two-thirds of the worker’s average weekly earnings, subject to minimum and maximum limits set by the state. Here’s how the calculation works:
- Determine Average Weekly Earnings: The worker’s average weekly earnings are calculated based on their income before the injury. This includes wages, overtime, and other compensation such as tips and bonuses.
- Apply the Two-Thirds Rule: The worker receives two-thirds of their average weekly earnings as temporary disability benefits.
- Check State Limits: The calculated benefit amount must fall within the minimum and maximum limits established by California law. These limits are updated annually to reflect changes in the cost of living.
For example, if an agricultural worker in Oxnard, Santa Paula, or Fillmore was earning $600 per week before their injury, their temporary disability benefit would be two-thirds of that amount, or $400 per week, subject to state limits.
Process for Obtaining Temporary Disability Benefits
The process for obtaining temporary disability benefits involves several steps:
- Report the Injury: The worker must report the injury to their employer as soon as possible. In California, workers have 30 days to report a work-related injury.
- Seek Medical Attention: The worker should seek immediate medical attention to document the injury and begin treatment. The treating physician plays a crucial role in determining the worker’s ability to return to work and the need for temporary disability benefits.
- File a Claim: The worker must file a workers’ compensation claim with their employer. This typically involves completing a claim form (DWC-1) and submitting it to the employer.
- Obtain a Medical Report: The treating physician will provide a medical report outlining the worker’s condition, treatment plan, and work restrictions. This report is essential for determining eligibility for temporary disability benefits.
- Receive Benefit Payments: If the claim is approved, the insurance company will begin issuing temporary disability benefit payments. These payments are typically made every two weeks.
- Regular Medical Updates: The worker must continue to receive medical treatment and provide regular updates to the insurance company. The treating physician will assess the worker’s progress and determine when they can return to work or if they need extended benefits.
Contact Us Today
If you have questions about a work injury or any other legal matter, and would like to speak with an attorney, call Kinsler Law today for a free consultation. We are dedicated to fighting for your rights and securing the benefits you deserve.
You are not alone. We listen. We fight. We win. Contact Kinsler Law for your free consultation today.