Denied Workers’ Compensation Claim – San Diego

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Temporary Disability Workers’ Compensation Attorney – San Diego

It’s a terrible situation if you’ve been seriously injured on the job. You can’t work, need time to heal, and still have to keep up with everyday expenses. That’s what temporary disability (TD) benefits in workers’ compensation — also called lost wages — are for. These payments replace part of your income while you’re unable to work because of your job injury.

Unfortunately, these benefits are often delayed or denied by employer insurance carriers for many reasons — forcing injured workers to fight for the temporary disability pay they already deserve.

At Thomas DeBenedetto & Associates Workers’ Compensation Attorneys, we’ve represented injured workers across San Diego since 1992, recovering over $1 billion in benefits. We understand how frustrating temporary disability can be, and our job is to make sure you receive every dollar you’re entitled to — without delays, denials, or underpayments.

Attorney Thomas DeBenedetto breaks down California’s temporary disability benefits
so injured workers understand their rights and pay entitlements.

Table of Contents

What Are Temporary Disability Benefits in California?

Temporary disability pays ⅔ of your gross weekly wages, tax-free while you recover, subject to California’s statewide minimum and maximum rates.

For injuries paid in 2025 and through 2026:

  • Minimum TD: $252.03 per week
  • Maximum TD: $1,680.29 per week

These payments are not taxable, but they are capped. That means the higher your average weekly wages (including any second jobs), the more important it is to ensure your benefits are correctly calculated.

How Doctors Decide Your Work Status

Your treating physician plays a key role. After examining you, the doctor completes a PR-2 form (Primary Treating Physician’s Progress Report), which tells your employer and the insurer whether you can:

  • Return to Work Full Duty – You go back to your normal job and receive your full pay.
  • Temporary Total Disability (TTD) – You cannot work at all; you get TD benefits at ⅔ of your gross pay.
  • Temporary Partial Disability (TPD) – You can work with restrictions (light duty or fewer hours).

Thomas DeBenedetto explains:

“If the doctor says you are temporarily totally disabled, you remain off work and the insurance carrier must pay you two-thirds of your gross pay. If the employer cannot accommodate your restrictions, you revert back to temporary total disability status and receive benefits bi-weekly.”

Temporary Partial Disability & Wage Loss

If you can work some hours but not full time, you may qualify for Temporary Partial Disability (TPD). TPD pays ⅔ of your wage loss (the difference between your pre-injury wages and what you now earn).

Example:

  • Before injury: $1,000/week
  • After injury (20 hours only): $500/week
  • Wage loss = $500
  • TPD = ⅔ × $500 = $333/week (non-taxable)

DeBenedetto adds:

“That’s called wage loss. You get your regular pay for the time you work, and the insurance company has to make up the differential.”

What if You Have Multiple Jobs?

California law counts wages from all jobs held at the time of injury (Concurrent Employment in Workers’ Comp). If your work injury keeps you from working at a second job, those earnings must be added to your TD rate.

Example:

  • Job A: $800/week
  • Job B: $400/week
  • Total gross: $1,200/week
  • TD = ⅔ × $1,200 = $800/week (non-taxable)

Without legal help, insurers often overlook these extra wages — leaving injured workers underpaid.

Temporary Disability Workers’ Compensation Attorney San Diego

When Do Temporary Disability Payments Start?

  • Your first TD check is due within 14 days after your employer/insurer learns of your injury and your doctor certifies disability.
  • Payments continue every 2 weeks while you’re eligible.
  • There’s a 3-day waiting period, unless your disability lasts longer than 14 days or you’re hospitalized overnight.

How Long Can Temporary Disability Last?

  • Most workers: Up to 104 weeks of TD within 5 years from the date of injury.
  • Severe cases (amputations, chronic lung disease, severe burns, etc.): Up to 240 weeks.
  • TD ends when:
    • You return to work, OR
    • Your doctor says you can work, OR
    • You reach P&S/MMI (Permanent & Stationary / Maximum Medical Improvement).

When TD ends, your case may shift to Permanent Disability Benefits.

Common Problems Workers Face with Temporary Disability

Unfortunately, TD benefits are often:

  • Denied outright by insurers.
  • Stopped early before recovery is complete.
  • Miscalculated, especially if you have multiple jobs.
  • Unsafe “light duty” offered by employers that is really just your old job in disguise.

DeBenedetto cautions:

“Employers indicate they have modified duty available, but it turns out it’s not really modified. They have you doing the same job, and you get re-injured. It happens all the time.”

What if Your Temporary Disability Benefits Are Denied or Paid Late?

If your TD benefits are delayed, denied, or stopped:

  • Have a Declaration of Readiness for an Expedited Hearing filed to bring your case quickly before a workers’ compensation judge.
  • Under Labor Code §4650(d), insurers must add a 10% penalty if TD is paid late.
  • Additional penalties may apply if delays are unreasonable.

While Your Claim Is Pending

Even if your claim is under investigation (the insurer has 90 days to accept or deny), you are still entitled to up to $10,000 in medical treatment during that time. Don’t delay care — it’s protected under California law.

How Thomas DeBenedetto Can Help

With over 33 years of experience and $1 billion+ recovered, our firm knows how to fight for workers’ rights. We will:

  • Calculate your true TD rate (including multiple jobs).
  • Challenge unsafe or unfair “light duty” assignments.
  • File for expedited hearings to get benefits reinstated quickly.
  • Pursue penalties if insurers delay or underpay.
As DeBenedetto says:

“When you hire our work injury law firm, we file for an expedited hearing,
get you in front of the judge, and we get you benefits.”

Frequently Asked Questions About Temporary Disability Benefits

Two-thirds of your gross weekly wages, subject to California’s min/max.

Within 14 days of your doctor certifying disability, then every 2 weeks.

Up to 104 weeks within 5 years; 240 weeks for severe injuries.

Yes — all concurrent wages must be included in your TD rate.

Your attorney can request an expedited hearing and pursue penalties for late payment.

Speak with an Experienced San Diego Temporary Disability Attorney

Speak with an Experienced San Diego Temporary Disability Attorney

If you’re out of work and confused about your benefits, don’t let your employer or the insurance company decide what you deserve. At Thomas DeBenedetto & Associates Workers’ Compensation Attorneys, we make sure you’re paid on time and in full.

Call us today for a free consultation. Protect your income, your recovery, and your rights.