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Law Offices of Jeremy K. Lusk, Inc.

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If you were injured on the job and unable to work, you are entitled to receive payments known as temporary disability.  This benefit is intended to replace a portion of your earnings lost from your inability to work during the period your medical provider has disabled.  You become eligible for temporary disability if you miss three or more days from work.

Under California law, temporary disability is two-thirds of your average weekly wages.  As part of your average weekly wages, overtime and income from a second job or business that you own can be included.   Your average weekly wages calculated from the 12 month period prior to your injury.

The maximum temporary disability benefit for an injury in 2016 is $1,128.43 per week.  The date of injury determines the temporary disability benefit based on your average weekly wage and is subject to a maximum and minimum rate that is dependent on your injury date.   So injuries that occur in other years may have different maximum and minimum temporary disability rates.

If you have any questions about your workers’ compensation injury and want to talk to an attorney in Fresno, please call (559) 408-7436 or fill out the form to the right.

How is my temporary disability calculated?