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 of time. 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 maximum.
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.
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 thus far receiving temporary disability from the insurance carrier.
Applying for state disability benefits is critical because you need to reserve the money available to you immediately in your designated account. Unfortunately, what is very often the case is that an attorney does not tell their client to apply for EDD benefits right away 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 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 their 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.
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.
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.
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