Workplace accidents are never planned and, as a result, you may not have prepared for being injured on the job and unable to work. Whether you live alone or have a family relying on your income, a sudden loss of earnings can be difficult to manage. The extent of the financial impact of temporary disability due to a workplace injury is, of course, your own concern; however, should you encounter resistance from your employer, or their insurance company when attempting to claim the benefits you are entitled to, a Lancaster disability benefits attorney could be an outstanding addition to your team.
Under California law, which applies to Lancaster and surrounding areas, you are entitled to claim workers compensation benefits to ease the financial burden of being unable to work after a workplace injury, and you may be eligible to claim on the grounds of either temporary or permanent disability.
What is Disability?
Workers should never consider themselves free from the threat of injury in the workplace. Every year, workers in California experience an accident in their life while at work. Once a worker sustains an injury due to an unforeseen accident, they may not be able to earn enough income. In order to avoid this situation, California has a State Disability Insurance program that is designed to offer wage replacement benefits to victims who are unable to work due to an injury, illness, or even pregnancy. To date, over 17 million employees in California are covered under this program.
According to California, a disability is a type of injury or illness that can be either physical or mental. It results from an injury sustained in the workplace that eventually prevents an individual from partaking in regular job duties. A disability can also include pregnancy, surgery, and numerous other medical conditions. Insurance covers benefits for illnesses and injuries relating to work all under certain standards defined by the law.
Who Is Eligible For Disability Insurance?
One can collect disability insurance if they are unable to perform their required job responsibilities for at least eight consecutive days. The individual should be employed or seeking employment when the injury happened. They must also experience a loss of income because of the disability.
Other mandates an individual must have included a minimum income of $300 from which deductions for California’s disability insurance were taken. This usually takes place during the previous employment period. Anyone who is seeking disability insurance coverage has to be receiving treatment and care from a licensed physician.
These same individuals must also be sure to file a claim within a 49 day period of the accident and injury. An accredited medical professional is required to complete the portion of a form that gives medical certification of disability.
What is Temporary Disability in California?
Temporary disability, as the name suggests, refers to an injury that leaves you unable to work for a period of time, but is not expected to have a permanent effect on your ability to earn a living. Under California workers compensation law, temporary disability is classified as that which lasts for up to 104 weeks. Temporary disability benefits in California will generally amount to around 60% of your normal wage. You should note that you may still be entitled to claim Social Security insurance benefits (SSDI), although your workers compensation is likely to reduce the amount of SSDI you receive.
When you have been injured at work in Lancaster, temporary disability benefits will be easier to secure than their permanent counterparts but, as you will need to prove that you satisfy certain criteria, it is strongly recommended that you work with a disability benefits attorney.
You Do Not Have to Be Unable to Work to Claim Permanent Disability Benefits
Unlikely as it may appear, this statement is true although, as with other aspects of workers compensation and disability benefits claims in Lancaster, it will depend on your circumstances. Should your workplace injuries limit your ability to undertake certain tasks you were able to complete beforehand, you may be eligible for permanent disability benefits.
Claiming any disability benefits in California, particularly permanent disability benefits, will require you to submit your medical records. Consequently, it is strongly advised that you contact your doctor immediately following an accident, and ensure that all of your injuries are recorded. Should further injuries become apparent at a later stage, you should make sure that these are also contained within your medical records.
How Much Could a Lancaster Disability Benefits Attorney Recover on My Behalf?
It is impossible to put a figure on a disability benefits claim without discussing the specifics in person. Various factors, including the severity of your injuries and the length of time you are expected to be out of work, will be considered when calculating your benefits.
In most cases, a person who is approved to receive disability insurance will receive around 55% of their usual wages. It is crucial to note that there is a cap on the amount one can receive. The state of California determines the amount a person receives by using a base period. Typically, it is a 12 month earnings period prior to the last completed calendar quarter.
To pursue the compensation you are entitled to after a workplace injury, contact us today on 818-812-5639 today to schedule your free initial consultation with an excellent Lancaster disability benefits attorney.
How To File A Disability Insurance Claim in California?
California officials try to make filing an insurance claim as easy and simple as possible. To begin, the process usually commences when the employer or medical professional provides the victim with the necessary form. Certain portions of the form must be completed by the victim. Then, the health care providers are responsible for filling out the rest.
After the EDD speaks with the employer regarding the victim and the claim will determine whether or not the individual qualifies for disability benefits. Once the employee is deemed eligible, they will receive benefits once every two weeks. The information provided on the claim form is protected by the Health Insurance Portability and Accountability Act under strict confidentiality. Any forms sent online are encrypted in transit. Data is always stored to maintain confidentiality.
