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Is My Injury a Total Disability?

When a person has suffered an on the job injury and total disability, that period of disability might be either temporary or permanent. Pursuant to California workers’ compensation laws, temporary total disability (TTD) benefits are paid to workers who are injured on the job and unable to work until their injuries have healed. A person might be determined to be temporarily and totally disabled if he or she is hospitalized or recovering from a serious surgery. After three days off of work due to a temporary disabling condition, the employer is required to start paying the injured employee TTD benefits. If the TTD lasts more than 14 days, compensation must also be paid for those first three days.

Termination of TTD Benefits

TTD benefits are payable for a maximum of 104 weeks, or one of the following events happens:

  • A doctor decides that the injured employee can return to work in some capacity.
  • The injured employee voluntarily returns to work in some capacity.
  • A doctor decides that the injured employee’s condition has stabilized, and there won’t be any further improvement.

Total Permanent Disability

California Labor Code section 4662 allows for total permanent disability in four circumstances. Those follow:

  • Loss of both eyes or the sight thereof.
  • Loss of both hands or the use thereof.
  • An injury resulting in a practically total paralysis.
  • An injury to the brain resulting in incurable mental incapacity or insanity.

Section 4662 goes on to state that “In all other cases, permanent total disability shall be determined in accordance with the fact.” Considerable attention has been focused on this sentence. If you’ve been determined to be totally and permanently disabled, you would receive a sum equal to your TTD benefits for the rest of your life. Awards of total permanent disability are rare.

Contact a Sacramento Workers’ Compensation Lawyer

California’s laws regarding temporary total disability and permanent total disability are incredibly complex. Only knowledgeable and experienced workers’ compensation lawyers should be working in this legal area. You can seriously prejudice your workers’ compensation claim if you pursue it on your own.

Sacramento Workers’ Compensation Attorney, Alice A. Strömbom, focuses exclusively on Workers’ Compensation Law and the rights of injured workers. She is very familiar with the tactics insurance companies use to avoid providing the medical treatment and disability benefits injured workers deserve, and has a recognized track record in combating such issues.

Contact us today for a free, confidential consultation and case evaluation.