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In California, What is required of an employee to be

eligible to qualify for Temporary...
In California, What is required of an employee to be eligible to qualify for Temporary Total Disability benefits?
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Answered in 1 hour by:
3/26/2018
Edward Young
Category: Legal
Satisfied Customers: 341
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a few minutes to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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If an employee sustains an on-the-job injury covered by the California Workers' Compensation Act, temporary total disability benefits are available if the primary treating physician determines that the employee cannot return to work, even modified work, due to the effects of the work injury. Certification by a physician is a critical first step in determining eligibility for Temporary Total Disability (TTD) benefits.

An employee’s TTD rate is two-thirds of her average weekly wages at the time of the injury. If an employee earns $300 per week at the time of injury, then, all else being equal, his or her TTD rate will be $200 per week.

You should also know that if the claim of an on-the-job injury is denied by the employer or its workers' compensation insurance carrier, the State of California provides alternative benefits through the Employment Development Department (EDD). The rate of EDD benefits is often similar to the rate of TTD benefits had the claim been accepted. A treating physician must certify an injured employee for EDD benefits and the form must be transmitted to EDD for processing. EDD benefits can last for up to a full year. If EDD pays benefits in lieu of medical TTD benefits, EDD places a lien on the injured employee’s workers' compensation case and seeks reimbursement from the workers' compensation carrier if the claim is ultimately accepted or determined by a Workers' Compensation Administrative Law Judge as work-related with a period of medical TTD found during the period in which EDD paid benefits to the employee.

If you think that you may have a TTD or EDD claim, I would be examined by a doctor immediately. If the doctor does not order you to take time off from work or your claim is denied, I would consult an attorney immediately. n California, the typical contingency fee in a workers’ comp case is between 9% and 15%, depending on the complexity of the case.

If you give me the name of the city in which you live, I can refer you to some qualified attorneys.

I hope this helps. Please go ahead and rate me. I get no credit for my work for you until you rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question, I would appreciate it if you ranked my service excellent/5 stars at the top of the page. A BONUS is also appreciated if you think that I have earned one.

Edward Young
Category: Legal
Satisfied Customers: 341
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Customer reply replied 29 days ago
Compton California
Customer reply replied 29 days ago
My new supervisor order me to take a personal 30 day leave from work, with out pay. I have had to do this 3-straight time because our new supervisor does not want me working in his department and I am the senior staff person and I have work in this department for 13-years. I and others believe he does not want Black People working in this department. Out of the 6 - different things I am required to do each day only one of them I should not be doing and that is the one that injured me.
Customer reply replied 29 days ago
know I have no income, no money to pay my Medical Insurance, rent, utility bills, by food, put gas in my car, pay my car payments etc. I am told if I get another Job I will be fired. I work at AAA auto Clubs Main Corporate for over 13-years in the same department. I am the Senior team member.
Customer reply replied 29 days ago
My sister is the person that is having the problem, and she is less than 10 years from retiring.
Customer reply replied 29 days ago
Would it be OK if I keep you as my preferred Employment attorney ? If yes; I would need to know what hours you will usually be on line.
Customer reply replied 29 days ago
I have been with Just Answer since about 2002. Smile, welcome aboard.
Customer reply replied 29 days ago
I realize you are here for general information purposes only. Thank You
Customer reply replied 29 days ago
Do you have time to answer by continued questions to night, It not I will give you a score of 5 on your answers, and I will ask my continued question another time. You did a good job so far, Thank You.
Customer reply replied 29 days ago
Do you have time to answer my continued question to night, It not I will give you a score of 5 on your answer, and I will ask you my new question another time. You did a good job so far, Thank You.

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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-visaspecialist/ Or, simply request “Edward only” in the first line of your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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