Workers Comp Lawyer Explains Temporary Disability

1 year ago
17

Check out my article on the subject: https://www.napolinlaw.com/how-to-calculate-temporary-disability-payments-after-work-related-injury/

Here is a rundown on how it works. If you have questions, then call a licensed attorney for further guidance. This is general in nature only.

Temporary total disability (TTD) is a type of benefit that is available to workers in California who suffer from work-related injuries or illnesses that prevent them from working for a temporary period of time. If an injured worker is unable to work due to their injury, they may be entitled to receive TTD benefits from their employer or the workers' compensation insurance carrier.

The amount of TTD benefits that an injured worker can receive is calculated based on their average weekly earnings during a specified time period known as the "base period." The base period is typically the 52 weeks immediately preceding the date of the injury. To calculate the average weekly earnings, the worker's total earnings during the base period are divided by the number of weeks in the base period.

Overtime pay is included in the calculation of average weekly earnings. If the injured worker worked multiple jobs during the base period, the earnings from all jobs are added together to determine the total earnings during the base period. This is because workers' compensation benefits are based on the injured worker's total earnings, regardless of how many employers they had during the base period.

Once the average weekly earnings are calculated, the injured worker can receive TTD benefits equal to two-thirds of their average weekly earnings, up to a maximum weekly amount set by California law. For injuries that occur on or after January 1, 2023, the maximum weekly benefit amount is $1,408.43.

It is important to note that TTD benefits are temporary and are intended to provide financial support to injured workers while they are unable to work. Once the injured worker is able to return to work, their TTD benefits will stop.

In addition to TTD benefits, injured workers may also be eligible for other types of workers' compensation benefits, such as permanent disability benefits, medical treatment, and vocational rehabilitation. The specific benefits that an injured worker is entitled to receive will depend on the circumstances of their injury.

In conclusion, TTD is a type of workers' compensation benefit that provides financial support to injured workers who are temporarily unable to work. The amount of TTD benefits is based on the injured worker's average weekly earnings during the base period and is calculated as two-thirds of their average weekly earnings, up to a maximum weekly amount set by California law. Overtime pay is included in the calculation of average weekly earnings, and earnings from all jobs during the base period are added together. TTD benefits are temporary and are intended to provide support to injured workers until they are able to return to work.

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