What Happens When Temporary Benefits Run Out?
It frequently happens that an injured worker suffers a disabling injury that causes them to miss work. Unfortunately, California temporary disability payments cap out at 104 weeks. Temporary disability (TD) payments are direct payment benefits that you receive from the workers’ compensation carrier when you are still in the treatment phase of your case.
It is important to know that in the workers’ compensation system, there are some exceptions to this rule that can be found in CA Labor Code section 4656(c)(3)(C). Contact an experienced workers’ compensation lawyer to see any of those exceptions will apply to your case so that you can exceed the 104 week cap.
In addition, you may be able to get an advance against your permanent disability (PD) benefits. Depending on how good a relationship that you or your attorney has with the insurance company and how injured you are, the carrier may be willing to give you an advance against your PD, even if you are not declared permanent and stationary yet.
There are some other things that you can do outside the work comp system. Never forget to check to see if you have a private insurance policy that may pay you benefits while you are unable to work. Some employers offer these policies as incentives and you may not be aware or have forgotten that you have such a policy. Also, you can try to apply for state disability and/or Social Security benefits.
To discuss your particular circumstances, schedule a free consultation with Eric M. Overholt, Esq., Attorney at Law. Call 619-908-1563 or use the convenient email contact form to request a time to meet.