An on the job injury that prevents a California injured worker from continuing his or her customary work duties may entitle him or her to temporary disability payments under California workers’ compensation law. California workers’ compensation law provides that temporary disability payments are two-thirds of an individual’s gross income; temporary disability payments are not taxable.
California workers’ compensation law provides a maximum and minimum payment that an injured worker may receive. The California Workers’ Compensation Institute has announced that for dates of injury on or after January 1, 2015, the maximum temporary disability rate will be increased to $1,103.29 per week, with minimum temporary disability payments rising to $165.49 per week.
With that said, not all “temporary disability” payments are created equal. For instance, certain police officers, such as Los Angeles Police Department officers and Santa Barbara Police Department officers, including other “peace officers” (as defined by California legislation) may be offered salary continuation in lieu of temporary disability. New legislation may entitle police officers to salary continuation that does not count towards temporary disability in accordance with of a bill recently passed by the California Assembly.
In other circumstances, individuals who work for the City of Los Angeles or the City of Santa Barbara (not in the capacity of a police officer or “peace officer”) may be required to exhaust their sick and vacation pay before temporary disability payments are activated. In such an instance, line items may be withdrawn from the injured workers’ salary continuation payments from the City of Los Angeles or City of Santa Barbara, with said dollars being used, in part, to provide benefits to the injured worker, such as an employer contribution to the healthcare plan of the injured worker, no different than if the injured worker was working full duty.
Notice: Workers who can contract COVID-19 are eligible for workers’ compensation benefits, including disability payments, free medical treatment and monetary settlements.
Are you not sure whether you caught COVID-19 at work? California Governor Gavin Newsom recently announced that certain workers who contract COVID-19 are presumed to have caught it at work.
Contact the Law Offices of Scott A. Schwartz today to find out whether you qualify for COVID-19 workers’ compensation rights in Los Angeles county during these difficult times. Click here to read the Governor’s workers’ comp Executive Order.
We are open for immediate, safe and free consultations over the phone at 1-818-350-2658, or on a Zoom or Skype virtual meeting.
Scott A. Schwartz, Esq.