Temporary disability, or
"TD," refers to the healing period following a work
injury. It is payable on accepted claims when your
Primary
Treating Physician finds you cannot return to your regular
work and your employer does not offer modified work within
your restrictions. The benefit is limited to 104 weeks
unless you suffered an amputation, severe burns, or a few
other conditions, in which case it is limited to 240 weeks
within the five years following the injury. See
Labor Code Section 4656.
Governor Brown vetoed a bill that would have extended
this exception to surgical cases. See his
veto message.
If you reach "maximum medical
improvement" or "MMI" or "permanent and stationary"
status before the 104 weeks are paid, then temporary
disability ends unless you have surgery or some other
activation of the work injury within five years of the
date of injury.
Unfortunately, some workers reach
the 104 weeks and are still unable to work, or are not
offered modified work, and are not yet 'permanent and
stationary." Most workers are covered by
State Disability
Insurance (SDI). Apply for that before two years run out
on the work injury. You may be turned down because you
are receiving temporary disability payments, but you
will be in the EDD computer and, if your doctor says you
can not do your regular or customary work for at least 8
consecutive days, you may qualify. Check
here for the eligibility requirements.
Also look into
Unemployment
Insurance (UI)
and check with Human
Resources at your employer to see if you are covered
under any Long Term Disability policies.
For some workers, the work
injury prevents them from returning to gainful
employment. Apply for
Social
Security Disability and look at the following:
