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How Is The Amount Of My Workers Comp Benefits Determined?

By Kenton Koszdin on June 20, 2018 | In Workers Compensation

How Is The Amount Of My Workers Comp Benefits Determined?

If you have any questions or concerns about any kind of disability cases, including Social Security Disability and workers’ compensation, call the Kenton Koszdin Law Office today! We’re here to help if you’ve suffered a disability or work-related injury. California law empowers employees who sustain an injury on the job with the right to file a workers’ compensation claim. Many injured workers ask how the amount of their workers’ compensation benefits is determined.

Permanent total disability benefits, which are based on permanent disability of 100%, are paid for life at the temporary disability rate. The benefit rate is adjusted each year based on any increase in the state average weekly wage (SAWW), but only for injuries that occur on or after January 1, 2003.

There are two types of temporary disability payments: For workers who are unable to work while recovering, temporary total disability (TTD) payments are available. For workers who are able to do some work while recovering and are offered this type of work by their employer, temporary partial disability (TPD) payments are available if wages during recovery are below a maximum limit set by law. Claimants do not pay federal, state, local income taxes, Social Security taxes, union dues, or retirement fund contributions on temporary disability benefits.

Determining the exact amount of temporary disability payments may be a complicated exercise for workers who had a second or seasonal job; had an inconsistent rate of wages; earned other income, such as tips, overtime, bonuses, housing, clothing, or car allowances; were scheduled to receive a raise after the date of injury; or received temporary disability benefits more than two years after the date of injury.

An injured worker in California is entitled to receive two-thirds of his pretax gross wages, up to the maximum allowable. To determine an employee’s regular weekly wage for calculating benefits, if he makes $52,000 per year, this is an average weekly wage of $1,000. For this employee, he would receive $666.66 per week as his temporary disability payment, without any taxes withheld.

For injuries occurring after January 1, 2018, if Average Weekly Wages (AWW) are below $273.44, the temporary disability rate is $182.29 weekly. For wages higher than $273.44, the maximum rate is $1,215.88 per week, 2/3 of the cap of $1,822.91.

For injuries occurring after January 1, 2017, if Average Weekly Wages (AWW) are below $263.82, the temporary disability rate is $175.88 weekly. For wages higher than $263.82, the maximum rate is $1,173.15 per week, 2/3 of the cap of $1,758.85.

The Kenton Koszdin Law Office helps injured workers stay on their feet physically and financially. If you have a workers’ compensation claim, please do not hesitate to talk to an experienced workers’ compensation attorney. We offer free office and in-home consultations at your complete convenience. Call 800-438-7734 or visit us online. Se habla espańol!

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