Temporary Total Disability in California: Duration, Extensions, and Your Legal Options

• Apr 29, 2022
• Blog
• Michael Burgis & Associates, P.C

If you or someone you know was recently involved in a severe work-related injury, you or that person might have been eligible for temporary total disability benefits. These benefits generally take care of you for a short period. They will pay out a sum that is equivalent to the majority of the average weekly wages you earned while working, and a sum to pay for reasonable medical treatments related to your injuries.

When this type of compensation is received, most attorneys in California will tell you that you can get this compensation for two years.

But what if you could get temporary total disability for the third year? This may be an option for individuals who qualify and file for total disability with the state promptly after their accident. Find out more below.

What Are Temporary Total Disability (TTD) Benefits?

Temporary Total Disability (TTD) benefits are wage replacement benefits offered under the California Workers’ Compensation system. They are designed for workers who are temporarily unable to work due to a work-related injury or illness and have not yet reached Maximum Medical Improvement (MMI) or Permanent & Stationary (P&S) status.

Key Legal Definitions:

• TTD Duration: Up to 104 weeks (2 years) within 5 years from the injury date. In certain serious cases (burns, amputations), it may extend to 240 weeks.
• Payment Amount: Typically two-thirds of your average weekly wage (AWW), up to the state maximum.
• Eligibility Requirements: Must be certified by a medical professional, and the injury must be work-related and accepted by the workers’ comp insurance.

The Problem with the 2-Year Limit

Injured workers often face a harsh reality: their medical condition or treatment extends well beyond the 104-week cap. Yet, their primary income replacement source (TTD) suddenly stops. This is a critical gap that many injured workers and even some legal representatives overlook.

Why You Must Apply for EDD (State Disability Insurance) Early

After being injured at work, it is of utmost importance that you apply for state disability benefits or EDD benefits. This is true even if you have been receiving temporary disability from the insurance carrier.

Understanding EDD and SDI:

The Employment Development Department (EDD) of California administers State Disability Insurance (SDI), a benefit separate from workers’ compensation. It serves as a backup when TTD ends or is denied.

• EDD benefits last up to 52 weeks
• Must be filed within 49 days of becoming disabled
• Requires certification from a treating doctor
• Can only be received after TTD ends, not simultaneously

TTD vs. EDD: What’s the Difference?

Let’s clarify the distinction between workers’ comp TTD benefits and state disability via EDD. While both are income replacement programs, they are funded, administered, and processed in different ways.

Feature	TTD (Workers’ Comp)	EDD (State Disability)
Managed By	Insurance Carrier	State (EDD)
Medical Certification	Work Comp Doctor / QME / AME	Treating Physician
Duration	104 weeks (240 in limited cases)	52 weeks
Filing Deadline	Starts automatically	49 days after disability
Concurrent Benefit?	No	Only after TTD ends

What Happens If You File Late?

Unfortunately, what is often the case is that an attorney does not advise their client to apply for EDD benefits immediately after they are injured. Then, during the period after the initial injury, the individual might continue to require multiple surgeries, therapies, intensive treatments, and more.

At this point, the injury is still affecting your life, and the time has now extended beyond the initial two years. Of course, you also still do not have an income. To receive compensation, many individuals who end up in this scenario decide to apply for EDD or state disability benefits.

Unfortunately, it’s almost always too late. At this point, after a work-related injury, most EDD claims will be denied by the state.

The state will look back a year and say there is no money in its account. Of course, the individual should have filed their claim with the state at the outset of their case, right after their injury occurred. This would have allowed them to reserve state funds that could be used for the third year of treatment and recovery.

Extended Compensation Strategies: Beyond TTD and EDD

When both TTD and EDD are exhausted or unavailable, it is vital to understand alternative routes for wage replacement and support:

1. Transition to Permanent Disability (PD)

If your condition has stabilized but you remain partially or fully disabled, you may be entitled to Permanent Disability benefits.

2. Social Security Disability Insurance (SSDI)

If your work injury leaves you permanently disabled, SSDI may offer federal support, but hit as different eligibility rules.

3. Reopening Your Workers’ Comp Case

Under California law, you can reopen your case for “new and further disability” within five years of the original injury date.

4. Uninsured Employer Claims

If your employer lacked workers’ comp coverage, you may file with the Uninsured Employers Benefit Trust Fund (UEBTF).

What If You’re Still Waiting on a QME or AME?

Delays in receiving an evaluation from a Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME) can stall your benefits and P&S designation. During this period, a coverage gap can emerge, and this is where EDD benefits are again crucial.

Why Legal Guidance Is Essential

All of this can be extremely difficult for laypeople to understand, so having a knowledgeable and experienced attorney in your corner is so important for work injuries and compensation. You want to be sure that you and your family will be taken care of, even if under the most unfortunate circumstances.

If you have any questions about temporary disability and your entitlement to compensation, not just two years, but a bonus third year, give us a call.

Frequently Asked Questions

Can I receive TTD and EDD together?

No. They cannot be received concurrently. You must wait until TTD ends to apply for EDD.

I missed the 49-day EDD deadline. What now?

You may still file, but you’ll need to demonstrate good cause. Legal assistance is highly recommended for appeals.

Can I reopen my workers’ compensation claim after two years?

Yes, within 5 years of the original injury date, if there is new and further disability.

What if I haven’t reached P&S status and my TTD has ended?

This is a critical situation. If you didn’t reserve EDD funds, legal intervention is crucial to explore other compensation routes.

Contact Michael Burgis & Associates, P.C. Today

At Michael Burgis & Associates, P.C., we help California employees with their workers’ compensation and injury-related questions and concerns. In addition to being extremely knowledgeable, we can also assist you at trial. Contact us today to schedule a consultation.

Call Now to protect your rights and secure your future.

Final Thoughts

Workers’ compensation law in California is complex and deadline-driven. A missed form or a delayed application can mean months of lost income. That’s why understanding and leveraging TTD, EDD, and other disability benefits requires more than knowledge; it requires strategy.

Be proactive. File early. And always consult with legal professionals who understand how to extend and maximize your benefits.