When an injured employee is unable to work because of an injury or
illness which was caused by the employment, the employee is entitled to
receive temporary disability compensation. This benefit is payable at
the rate of two thirds of their weekly earnings with certain maximums
and minimums.
Temporary disability compensation benefits will
terminate when the injured worker returns to work, has been released by
the treating physician to return to his or her regular work, or when
the injured employee's condition becomes permanent and stationary,
meaning that the injury has healed as much as possible, and no further
improvement is expected.
If the treating physician releases a
worker to light duty work (such as no lifting over 10 pounds), and the
employer does not make work available within those restrictions, the
injured worker is entitled to receive temporary disability compensation.
LIMITATION ON TEMPORARY DISABILITY -2 YEAR TD LIMITATION Workers
(except for HIV, Hep B and C infected, severe burns, amputations, etc)
injured after the April 2004 reforms have a 2 year limitation on
temporary disability from the date of their injury. After the 2 year
period runs out these workers may perhaps be able to draw some State
Disability funds from EDD (provided they filed earlier on so as to
preserve their EDD rights) but after receiving EDD then will receive
nothing unless they are covered by an LTD benefit plan or meet the
criteria for Social Security Disability (i.e. inability to do
substantial gainful activity when age, educational level, relevant
skills and mental and physical impairments are considered).
