Calculating Compensations: Temporary Disability (9)Updated on Tuesday 28th February 2017
Rate this article
based on 0 reviews
based on 0 reviews
Temporary disability can be compensated for in case of a personal injury accident. This short-term inability to work is one of the elements that are analyzed and included in the final settlement amount. The State of California imposes a law for short-term disability insurance meaning that employers must ensure that their employees get short-term disability insurance. You may be asked to get a mandatory insurance plan for these types of injuries or you could pay for it together with the employer.
If you are hurt in a vehicle accident, slip and fall or in another incident like a pedestrian accident you are entitled to claim compensation for short-disability according to your injuries. One of our Los Angeles personal injury attorneys is able to help you negotiate with the employer and/or the insurance company in order to obtain the needed settlement.
Compensations for temporary disability
Short-term disability insurance provides coverage whenever the employee is unable to work like in the case of pregnancy, illness or personal injury. When individuals are hurt while on the job the case will be compensated with a worker’s compensation plan.
The first step you need to take is getting adequate medical aid. This will be very important later on when you will have to state the degree of the injury or injuries. Next, you can file a claim for short-term disability benefits. It is possible that your short-term disability policy imposes a minimum waiting period. You can find out if this is the case and talk to one of our Los Angeles personal injury lawyers to find out how you can collect your benefits within the legal limits imposed by the policy and your employer and according to the particularities of your case.
Determining the degree of disability
The degree of disability is determined with the help of a doctor. He or she will take the necessary tests and treat you for your injuries. A physician will also be able to tell you if the accident, a neck or back injury, for example, will have any future repercussions of if the degree of impact is much larger than expected, for example, if your spinal cord can be affected by a severe back injury.
The rate of the disability compensation will be calculated as a percentage. Individuals who are evaluated at am 100% rate are not able to return to work during the recovery period and will receive the benefits at a total rate.
You can contact our Los Angeles personal injury attorneys for more information on how a settlement is calculated and how we can assist you.