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Law Offices of Jeremy K. Lusk, Inc.

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How is temporary disability calculated?

Temporary disability is the benefit payable to a worker who is temporarily disabled due to industrial injury and serves to replace your wages during the recovery period.  This benefit is paid biweekly (one check every two weeks) during this period.

How much you receive is defined under Labor Code section 4653.   This requires temporary disability to be calculated as two-thirds of the average weekly earnings, with consideration afforded to compete in the open labor market.    This benefit is not taxable income, so in most situations it is close to your actual wages. 

Dependent upon the date of injury, temporary disability cannot be less or more than certain statutory minimum and maximum amounts.  The statutory minimum weekly rate for injuries that occurred in 2015 is $165.49 per work, with the maximum rate being $1,103.28; for 2016 the minimum weekly rate is $169.26, with the maximum rate being $1,128.43.

What this means is that if two-thirds of your average weekly earnings is less than the minimum, you cannot receive less than the statutory minimum for your injury date.  The same is said if your average weekly earnings is greater than the maximum, you cannot receive greater than the statutory maximum for your injury date. 

Temporary disability rates are statutory, which means that they have been determined by the California government.

If you have questions regarding the temporary disability rate calculation in your case or want to talk to an attorney in Fresno, please call 559-408-7436 or fill out the form to the right.