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California Board of Legal Specialization | Certified Specialist in Workers' Compensation Law by the State Bar of California Board of Legal Specialization
Law Offices of Vincent J. Scotto, III, Attorneys & Lawyers Employment & Workers Compensation, San Mateo, CA

What are temporary disability benefits in California?

Just as in any other kind of accident, a workplace injury can vary in severity. Some workers suffer scrapes, bruises and cuts that hurt and are annoying, but have little to no impact on their ability to perform their jobs. Other injuries, though, leave individuals disabled and unable to work ever again. Since workers whose workplace injuries are severe enough to knock them out of work may be able to recover workers' compensation, the system differentiates between injury severity and, therefore, benefits that can be paid out.

Many injured workers, for example, fall into a category that is somewhere between being disabled and hardly suffering a scratch. For these individuals, pursuing temporary disability benefits may be right for them. If an injured worker is still able to work but earns less as a result of the injury, then temporary partial disability benefits may be recoverable. Those who are completely unable to work while they recover from their injury will receive temporary total disability benefits unless, of course, they are not expected to return back to work.

So how much can money can an individual recover when he or she obtains temporary disability benefits? Typically, an injured worker will receive two-thirds of his or her pre-tax wages. To ensure that an individual receives the maximum amount of compensation, he or she needs to be thorough in gathering and presenting documentation evidencing all income sources, which may include wages, tips, commissions, bonuses and even lodging.

As with any workers' compensation claim, though, claims for temporary disability are often denied. Commonly, these claims are denied because injured workers fail to show that their injury affects their ability to work. In these situations, it might be wise to seek help from a qualified legal professional who can help present strong legal arguments to support one's positon.

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The Law Offices of Vincent J. Scotto, III
700 South Claremont Street
San Mateo, CA 94402

Telephone: 650-375-2301
Fax: 650-401-6129
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The Law Offices of Vincent J. Scotto, III
706 Ferry Street Martinez, CA 94553

Telephone: 925-231-0726
Fax: 925-372 -4244
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