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Temporary disability benefits are paid during the time that you are recovering from an on-the-job injury if you are unable to work as a result of your injury. Temporary disability is calculated at two-thirds of the wages (before taxes) that you lose while you are unable to work. Wages can include your salary or hourly pay from your job at the time you were injured, plus food and lodging provided by the employer, tips, commissions, overtime and bonuses; as well as wages from other jobs you may have had at the time you were injured.  However, you cannot receive more than the maximum weekly amount set by law. If you were injured in 2015, the maximum amount of temporary disability you can receive is $1,103.39.

In general, temporary disability is paid until you are released to return to your regular job or the doctor reports that your injury has reached maximum medical improvement. Maximum medical improvement means that your injury is stable and not expected to get any better or any worse; other than with the passage of time.

If an injury permanently impairs your condition in any way, no matter how minimal, then you have permanent impairment and you may be entitled to receive permanent disability benefits. Depending on the extent or severity of your permanent impairment, you may or may not be able to work. The amount of your weekly permanent disability benefits may vary depending on your permanent disability rating. (For information on permanent disability ratings, please see our article: 
What is a permanent disability rating?  If you were injured in 2015 and your injury did not result in 100% permanent disability, the maximum weekly amount you would receive is $290.00. If your rating results in 100% permanent disability, the maximum weekly amount would be the same as your temporary disability rate.

Temporary and permanent disability rates are both set by law.

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

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between the Law Offices of Jeremy K. Lusk, Inc. and the reader.

What is the difference between temporary disability
and permanent disability?