Temporary Disability
Temporary or Short-term Disability
Temporary disability refers to a condition in which an employee is temporarily unable to perform his or her job due to a work-related injury or illness. Unlike permanent disability, which implies lasting effects, temporary disability is expected to improve over time, allowing the employee to eventually return to work.
Temporary disability benefits are designed to replace a portion of the worker’s lost wages during the recovery period. There are two main types of temporary disability:
Temporary Total Disability (TTD):
This occurs when an employee is completely unable to work for a temporary period due to their injury or illness. The employee is entitled to TTD benefits until they are medically cleared to return to work or until their condition stabilizes.
Temporary Partial Disability (TPD):
This applies when an employee can return to work but only in a limited capacity (e.g., reduced hours or modified duties) due to their injury. TPD benefits help compensate for the difference between the worker’s pre-injury wages and their earnings while on restricted duty.
What are some causes of temporary disabilities?
Temporary work-related disabilities can arise from a variety of incidents and conditions in the workplace. Some common causes include:
1. Slips, Trips, and Falls:
Causes: Wet floors, uneven surfaces, cluttered walkways or improper footwear.
Examples of Injuries: Sprains, fractures, concussions or back injuries.
2. Overexertion:
Causes: Lifting, pushing, pulling or carrying heavy objects; repetitive motions.
Examples of Injuries: Muscle strains, back injuries, hernias or joint inflammation.
3. Struck by Objects:
Causes: Falling tools, equipment malfunctions or materials being dropped from a height.
Examples of Injuries: Head trauma, fractures, bruises or lacerations.
4. Cumulative Traumas (CTs):
Causes: Repetitive tasks, poor ergonomics or prolonged periods of typing or using machinery.
Examples of Injuries: Carpal tunnel syndrome, tendinitis, bursitis or rotator cuff injuries.
5. Machinery Accidents:
Causes: Improper use of equipment, lack of training or malfunctioning machinery.
Examples of Injuries: Crush injuries, amputations, lacerations or fractures.
6. Vehicle Accidents:
Causes: Motor vehicle crashes involving delivery trucks, forklifts or other work-related transportation.
Examples of Injuries: Whiplash, fractures, concussions or spinal injuries.
7. Falls from Heights:
Causes: Working on ladders, scaffolding, roofs or elevated platforms without proper safety measures.
Examples of Injuries: Broken bones, head injuries or internal injuries.
8. Exposure to Harmful Substances:
Causes: Contact with chemicals, toxins, fumes or allergens in the workplace.
Examples of Injuries: Chemical burns, respiratory issues, skin conditions or temporary poisoning.
9. Workplace Violence:
Causes: Physical altercations, assaults, or other violent incidents in the workplace.
Examples of Injuries: Bruises, cuts, fractures or psychological trauma.
10. Fires and Explosions:
Causes: Electrical faults, improper storage of flammable materials or malfunctioning equipment.
Examples of Injuries: Burns, respiratory damage or blast-related injuries.
11. Musculoskeletal Disorders:
Causes: Poor posture, inadequate ergonomic setup or heavy manual labor.
Examples of Injuries: Back pain, neck pain or shoulder injuries.
12. Environmental Factors:
Causes: Extreme temperatures, poor air quality or noise exposure.
Examples of Injuries: Heat stress, frostbite, hearing loss, or respiratory issues.
These types of incidents can lead to temporary disabilities that prevent an employee from performing their regular job duties while they recover. Workers’ compensation typically covers these injuries, providing financial and medical support during the recovery period.
01.
Filing and Managing Claims:
Mr. Bartell assists employees in properly filing claims for temporary disability benefits, ensuring all required documentation is accurate and submitted within deadlines. This reduces the risk of delays or denials.
02.
Maximizing Benefits:
Mr. Bartell works to ensure that employees receive the maximum benefits they are entitled to. He calculates the appropriate compensation based on the worker’s pre-injury wages and negotiates with the insurance company to ensure fair payment.
03.
Dispute Resolution:
If there is a dispute over the employee’s eligibility for temporary disability benefits or the amount of compensation, Mr. Bartell represents the employee’s interests. He can challenge unjust denials, reductions in benefits or disputes over the extent of the worker’s disability.
04.
Medical Evaluation and Documentation:
Mr.Bartell helps gather and present medical evidence to support the claim, ensuring that the employee’s medical condition is properly documented and that any disputes over medical issues are addressed effectively.
05.
Navigating Return-to-Work Issues:
If the employee is cleared for light-duty or modified work, Mr. Bartell can help navigate potential issues with the employer, such as disputes over job assignments or accommodation requests. He can also help protect employees from potential retaliation or unfair treatment when returning to work.
06.
Appealing Denied Claims:
If a claim for temporary disability benefits is denied, Mr. Bartell can assist in appealing the decision. He handles the process of gathering additional evidence, filing the necessary paperwork, and representing the employee at hearings.
07.
Monitoring Benefit Payments:
Mr. Bartell ensures that temporary disability payments are made on time and in the correct amount, and they address any issues with late or incomplete payments.
Temporary disability benefits are a critical part of the workers’ compensation system, providing financial support to employees while they recover from a work-related injury or illness. Fresno-based short-term disability lawyer Tim Bartell plays a vital role in ensuring that injured workers receive these benefits promptly and in the correct amount, protecting their rights throughout the process. Get in touch with us to learn how we
can help.
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W.C. Cases Overview
A quick guide to understanding workers' compensation claims and how we can help you navigate the process.
Temporary Disability
We assist in securing benefits for those temporarily unable to work due to work-related injuries.
Permanent Disability
Support for workers with lasting injuries, ensuring you receive the benefits you deserve.
Denied Claims
If your workers' comp claim was denied, we can help appeal and fight for your rightful benefits.
Repetitive Trauma
Injuries from repetitive motions at work? We help file claims for repetitive stress injuries.
Construction Accidents
We provide legal support for workers injured on construction sites, ensuring they get the compensation they need.
Industrial Accidents
Handling claims for injuries in industrial workplaces, from machinery accidents to exposure to hazardous materials.