Disability Benefits
Temporary Disability Benefits
You are entitled to Temporary Disability benefits if you are unable to perform your job duties while recovering from a work-related injury or illness. You must have medical documentation of your disability status. You may receive these benefits until you return to work, or until your condition has reached a point of maximum recovery, or become Permanent and Stationary.
Temporary Disability benefits begin on the fourth day you are absent from the job due to work-related injury or illness. There is no compensation from the first three days unless you miss 14 days of work or are hospitalized overnight.
Temporary Disability benefit rates are established by law at a rate of two-thirds your weekly salary, up to a limit. You should receive the first payment no later than 14 days after your employer is made aware of your temporary disability status. Additional payments are sent every two weeks. These benefits are non-taxable.
The law now places a 2-year cap on Temporary Disability benefits from the first date of payment, for most injuries on or after April 19, 2004. There are a few exceptions to this rule in the rare circumstances that a worker has one of a few specified injuries, such as an amputation or a severe burn. In those cases, temporary disability benefits will be limited to a total of 240 weeks, and even then are only payable within the first five years after the injury date.
For more information, see the DWC Temporary Disability Fact Sheet.
Permanent Disability Benefits
If you suffer a work-related injury or illness resulting in permanent symptoms, loss of function, or diminished future earning capacity, you have a Permanent Disability and may qualify for Permanent Disability benefits.
A Permanent Disability rating establishes the amount of the award and the length of time benefits will be paid. Employees may still be eligible to receive this benefit even after returning to work. These benefits are non-taxable.
Doctors are now required to apportion to causation of permanent disability and injured employees must now disclose previous disabilities upon request. Employers are liable only for the portion of permanent disability caused by the workplace injury. A prior compensable injury is now presumed to exist at the time of a subsequent injury. Total awards may not exceed 100% for any one region of the body.
For more information, see the DWC Permanent Disability Fact Sheet .