Legal Question in Workers Comp in California
Temporary disability benefits while incarcerated
My husband was injured at work about a year ago. He was receiving temporary disability benefits during that time. He was recently convicted of a criminal offense and incarcerated. The insurance company has cut-off his benefits, stating that he is not entitled to any benefits while incarcerated. Are they correct?
1 Answer from Attorneys
The insurance company is not correct
No. Under Labor Code section 3370(d), an inmate is entitled to temporary disability benefits for an injury which occurred prior to his/her incarceration. However, the benefits are paid to the dependents, not to the inmates. If the inmate has no dependents, the benefits must be paid to the State of California.
If the insurance company disputes his status of being temporarily disabled, you should petition the Workers' Compensation Appeals Board to order them to send a doctor to conduct an evaluation at the prison.
It should be noted that if the inmate is injured while incarcerated, he/she is not entitled to any benefits until released from custody.
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