Labor Code Section 4653: If the injury causes temporary total disability, the disability payment is two-thirds of the average weekly earnings during the period of such disability, consideration being given to the ability of the injured employee to compete in an open labor market.
California State Disability Insurance is a partial wage replacement insurance plan for California workers. Worker’s covered by SDI are covered for two benefits: Disability Insurance and Paid Family Leave. Worker’s who suffer a loss of wages when they are unable to work qualify for State Disability if qualified. You must be unable to do your regular or customary work for at least eight (8) consecutive days to collect State Disability.
To qualify you must be employed or actively looking for work at the time you become disabled. You must have lost wages. You must be under the care of a licensed physician or some weird alternative who certifies you for the State Disability benefits. During the year 2014 benefits have a minimum weekly payment
of $50.00 and a maximum of $1075.00 per week. Under State Disability, the disabled person may collect for up to 52 weeks generally. Contact the Employment Development Department at edd.ca.gov.
Persons injured at work can apply for State Disability as a backup for Temporary Total Disability through Worker’s Comp. You can’t collect both at the same time but you can always refuse State Disability if being paid TTD. Additionally, by applying for State Disability you will preserve you right to file in the future when your temporary disability from Worker’s Comp is exhausted.
In the case of Zinke v. WCAB January, 2013 The WCAB limited the applicant to 104 weeks of temporary disability even if the applicant showed that the defendants delayed medical treatment which was not sufficient to establish equitable estoppel or totaling of the relevant time period so as to prevent defendant from asserting the 104 week limit on temporary disability payments.