Qualifying Factors for California’s Short-Term Disability Insurance
The State of California is one of the few states in the nation that has a temporary paid disability program. Workers who have made contributions, which are made through payroll withholding, fund the temporary program. Ultimately, the program will pay workers a fraction of their wages when they are momentarily unable to perform their duties as a result of a disability.
A majority of workers employed in the State of California will qualify for these benefits, providing they meet certain eligibility requirements. Workers who meet the requirements will usually be able to receive payments bi-weekly until they are able to return to work.
Eligibility for Temporary Disability Insurance
In order for a worker to receive benefits, he or she must meet the following requirements:
- Must be unable to perform regular work duties for a minimum of eight (8) consecutive days.
- The worker must be employed at the time of the disability or was otherwise actively searching for a job at the time of the disability.
- There must be a loss of wages because of the disability. In the event that a lighter job duty is accessible, the worker may no longer be eligible for benefits.
- The worker must have earned a minimum of $300, where state disability deductions were withdrawn.
- The worker must be under medical care and/or treatment of a licensed medical practitioner and/or an accredited religious specialist.
- A claim must be filed within 49 days from the time of the disability.
- The medical caregiver must complete the necessary information in the form.
Ineligibility for Program Benefits
There are a few reasons why a worker may be ineligible for benefits and these could involve the following:
- The worker did not suffer a loss of wages. For instance, if the employee is on paid-sick leave, he or she may not be eligible to receive benefits.
- The worker is claiming or is receiving paid family leave benefits.
- The worker is claiming or is receiving Unemployment Insurance.
- The worker was injured while committing an offense that resulted in a felony conviction.
- The employee is completing in-home arrest or is in jail after being convicted of a crime.
- The worker is already receiving worker’s compensation benefits that are the same as or greater than what the program offers.
- The worker has failed to have an independent medical exam.
Filing a Claim and Obtaining the Support of a Skilled Attorney
It is not difficult for workers to file for a claim. Usually, employees can get a copy of the form from his or her employer or by visiting the Economic Development website. Once the form has been completed and submitted, the worker may receive notice of an approval or rejection. For more information on applying for temporary disability benefits or if a submitted application was denied, workers should seek the legal advice of a professional attorney.
Attorney Scot T. Moga is highly skilled in the field of California’s Temporary Disability Benefits. The Moga Law Firm has helped many workers who have been denied disability benefits obtain the financial aid they need. Filing for benefits is a time-restricted process; obtain the support of a skilled attorney as soon as possible.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
